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In the stoner-classic, “Cheech and Chong’s Next Movie,” Cheech Marin laments: “I’m gonna be late for work again. That’s the fifth time this week, and it’s only Tuesday, man.” While Cheech’s calculations remain a mystery, the prospect of employees coming to work while under the influence of marijuana presents a concerning picture for employers.  In an era where medical marijuana is legal in certain circumstances under the state laws of New York, New Jersey, and…
In a decision handed down this week, a federal court in New Jersey did little to stem the tide of litigation under the Telephone Consumer Protection Act (“TCPA”).  Declining to follow New Jersey state court precedent, the district court held that claims based on the faxing of identical commercial advertisements met the requirements of Rule 23, including that class litigation is the superior mode of adjudication for such claims.  A & L Industries, Inc. d/b/a
The Circuits are split as to what effect an offer of judgment directed to a named plaintiff has on a putative class action.  The Seventh Circuit has taken a rigid view, holding that an unaccepted offer of judgment affording full relief to the named plaintiff renders a putative class action moot — unless there is already a motion for class certification on the docket.  The Second Circuit has yet to adopt or reject the rule,…