A Small Win for the Little Guy
Class actions permit a large number of people to join together in one lawsuit in order to recover small amounts of damages suffered by each of them. If not for class actions, those people likely would not file separate lawsuits, as the cost would be prohibitive. As a result, some businesses now include provisions in their contracts in an effort to prevent class actions, and they have had some success.
New Jersey courts previously held that a person can waive the ability to pursue a class action by entering into an agreement to arbitrate disputes. That is, if a person’s contract with a business contains a mandatory arbitration provision, that person likely cannot start a class action lawsuit to recover damages against the business. However, while the court agreed with businesses when there was an arbitration agreement, the court recently disagreed where the contract contained only a class action waiver.
In its May 18th decision in Pace v. Hamilton Cove, the Appellate Division held that courts will not enforce a class action waiver, unless the contract also contains a mandatory arbitration provision. The court recognized the strong public policy and benefits favoring class actions, including economic efficiency, judicial economy, and avoiding inconsistent results. Therefore, even if a contract states that you waived your ability to participate in a class action, that waiver may not be enforceable. If you suffered damages, you should contact Audra DePaolo to see whether class action relief remains available.
Cohn Lifland Welcomes Summer Associate Law Clerk
Cohn Lifland is pleased to welcome our Summer Associate Law Clerk, Michael Alderman. Michael is a rising 3L law student at Seton Hall University School of Law, where he is also the incoming Executive Editor of the Seton Hall Journal of Legislation and Public Policy.
A Florida native, Michael graduated from the University of South Florida with a B.S. in social science education. Following graduation, he moved to New Jersey to join Teach for America and teach language arts literacy to sixth graders in a charter school in Newark. He subsequently worked at a charter school management organization and Chalkbeat, a non-profit news organization, before starting law school. Michael and his wife have a four-month-old son.
Cohn Lifland Attorneys on the 2023 List of New Jersey Super Lawyers and Rising Stars
Eleven Cohn Lifland attorneys have been selected for inclusion in the 2023 edition of New Jersey Super Lawyers, published by Thomson Reuters, which will be featured in New Jersey Monthly magazine. They are: Charles R. Cohen – Business Litigation; Joshua P. Cohn – Family Law; Jeffrey M. Fiorello – Family Law; Jeffrey W. Herrmann – Business Litigation; Leonard Z. Kaufmann – Business Litigation; Julie L. Kim – Family Law; Joseph A. Maurice – Civil Litigation; Peter S. Pearlman – Business Litigation; Richard A. Schnoll – Personal Injury-General; Allen Susser – Business Litigation; and Amanda S. Trigg – Family Law.
Two of the attorneys — Messrs. Herrmann and Pearlman — have been included every year since the list originated in 2005.
In addition, four attorneys have been selected for inclusion in the 2023 New Jersey Super Lawyers – Rising Stars: Matthew F. Gately – Class Action & Mass Torts; Erika Piccirillo – Family Law; Alex Pisarevsky – Employment Litigation; and Christina Stripp – Business Litigation.*
According to Super Lawyers, only five percent of the lawyers in New Jersey are selected for inclusion on its lists. Cohn Lifland is proud that 64% of our attorneys were included on the lists this year.
*The Super Lawyers and Rising Stars lists are issued by Thomas Reuters. A description of the selection methodology can be found at Super Lawyers Selection Process. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Charles R. Cohen, Joshua P. Cohn, Jeffrey Fiorello, Matthew F. Gately, Jeffrey W. Herrmann, Leonard Z. Kaufmann, Julie L. Kim, Joseph A. Maurice, Peter S. Pearlman, Alex Pisarevsky, Richard A. Schnoll, Christina N. Stripp, Allen Susser, Amanda S. Trigg, Erika R. Piccirillo
New Jersey State Bar Association Annual Meeting and Convention
Cohn Lifland is proud that two of our partners will be presenting at the New Jersey State Bar Association, May 17-18, in Atlantic City.
Maureen Woods Celebrates 15 Years at Cohn Lifland
We congratulate Maureen Woods on her 15h anniversary as a Paralegal with Cohn Lifland. Thank you, Maureen, for all you have done for the firm and our clients!
Take Our Daughters and Sons to Work Day
After a too-long hiatus, Cohn Lifland was delighted to welcome our children and grandchildren to the office for Take Our Daughters and Sons to Work Day.
On March 29, 2023, Cohn Lifland partner Walter M. Luers secured a win in the Appellate Division in Brooks v. Township of Tabernacle. The Appellate Division held that when members of the public communicate with municipal officials and employees about public business, their names and email addresses can be subject to public disclosure.
Gately Certified as Civil Trial Attorney
Congratulations to Matthew Gately, who has been certified by the Supreme Court of New Jersey as a Civil Trial Attorney. Matthew is one of four Certified Civil Trial Attorneys at Cohn Lifland.
Eileen Zakrzewski Celebrates 30 Years at Cohn Lifland
We congratulate Paralegal Eileen Zakrzewski on her 30th anniversary with Cohn Lifland. Thank you, Eileen, for all you have done for the firm and our clients since 1993!
17th Edition of Practice Guide to New Jersey Personal Injury Litigation Published
The 2023 edition of the LexisNexis Practice Guide to New Jersey Personal Injury Litigation – the 17th edition of this publication – is now available. Cohn Lifland Partner Audra DePaolo and retired partner Barry Knopf began working on this publication back in 2007, and it is still going strong. The book contains chapters on medical and professional malpractice, product liability, automobile accidents, and more.
DePaolo and Knopf worked with a distinguished group of expert authors to provide in-depth procedural and substantive coverage of the causes of action central to New Jersey personal injury practice. The book combines a task-based, procedural style with substantive analysis of the law. Each Practice Guide chapter combines authoritative legal analysis with the expert authors’ practical insights that have been distilled from years of experience. The book also includes checklists and numerous forms.
Audra DePaolo practices in the areas of civil litigation and appeals. She is a member of the New Jersey State Bar Association, the Bergen County Bar Association, and the Association of the Federal Bar of New Jersey.
