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New Jersey Class Certification Rejected, Case dismissed

In Melett v Aquasid LLC, plaintiffs alleged that defendants health club agreements violated several New Jersey statutes including the Truth in Consumer Contract and Warranty and Notice Act (TCCWNA), New Jersey Consumer Fraud Act (CFA), Retail Installment Sales Act (RISA) and Health Club Services Act (HCSA.) On the basis of these claims, plaintiffs sought to […]

Delaware Office Establishes New Law Limiting Plaintiff’s Recovery of Medical Expenses to Amount of Medicare Reimbursement

In a watershed ruling by the Supreme Court of Delaware, Dawn Courtney Doherty and Brett Norton successfully established new Delaware law that limits the amount of medical special damages that a plaintiff may recover to the actual amount paid by Medicare, rather than the much higher amount billed. In a unanimous, en banc decision, the […]

New Jersey Appellate Victory on LAD Claim

Sean X. Kelly in the firm’s New Jersey office recently prevailed in the Appellate Division resulting in a the reversal of the trial court and complete dismissal of all claims against our client, a New Jersey municipality. The underlying suit was a wrongful termination claim arising under the New Jersey Law Against Discrimination. Plaintiff claimed […]

Marks, O’Neill Victory Before New Jersey Supreme Court

This week the New Jersey Supreme Court decided an important issue of first impression governing the scope of the New Jersey Civil Rights Act. The issue before the Court was whether the CRA permits private individuals to bring claims for constitutional deprivation against defendants who are not acting under color of law. Sean X. Kelly […]

Sean Kelly Appears Before New Jersey Supreme Court on Constitutional Issue of First Impression

Sean X. Kelly of the firm’s New Jersey office, recently appeared before the New Jersey Supreme Court on a novel issue regarding the scope of the New Jersey Civil Rights Act.   The case stems from several years of litigation involving the balance between first amendment rights at public hearings and claims for defamation.   The Supreme Court heard argument […]