The Time Has Come to Do Away with the Doctrine of Ascertainabilty in Class Actions

Last week, the New Jersey Appellate Division veered from the doctrine of ascertainability, a requirement established by the Third Circuit Court of Appeals in 2012 that added a new, judicially created hurdle to granting class certification in class actions. The doctrine of ascertainability requires plaintiffs, typically consumers, to show at the class certification phase of… Read more »

You May Be Victim of a Data Breach, but Do You Have a Right to Sue?

Supreme Court Poised to Rule on Standing Issue With the recent massive data breaches at health insurance companies Premera Blue Cross and Anthem, Inc., many victims find themselves asking questions such as, “Have I actually been harmed?”, or “How long do I have to wait to see if the theft of my personal information will… Read more »

Premera Data Breach Coincides With Fraudulent Tax Return Filings Nationwide

In March 2015, health insurer Premera Blue Cross reported a data breach that exposed the data of 11 million customers and employees.  The Premera data breach announcement followed shortly on the heels of a February announcement by Anthem Inc., the second largest health insurer in the country, that its database containing personal information for almost… Read more »

Class Actions Fight Back Against Deceptive Automatic Renewal Practices  

In the age of the internet, online delivery of goods or services has paved the way to immeasurable convenience. Almost anything can be ordered online and accessed immediately or delivered to your doorstep.  However, online shopping also opened the door to numerous and creative ways to harm consumers.  One of those is deceptive automatic renewals…. Read more »

Herbal Supplements of Major Retailers Removed from Shelves

NY Attorney General Targets Four Retailers and is Investigating More In February 2015, New York Attorney General, Eric T. Schneiderman, forced the removal of several herbal supplements from the shelves of four major retailers.  According to the Attorney General, testing of seven herbal supplements sold by GNC, Target, Walgreen and Walmart revealed that the products… Read more »

Class Action Law Firm Investigating Premera Data Breach • Goldman Scarlato & Penny, P.C.

Premera Data Breach Goldman Scarlato & Penny, P.C. is a Class Action Law Firm investigating Premera Data Breach for potential claims that may be brought on behalf of Premera subscribers and others who received email or first class mail notice from Premera indicating that their private files and personal information, including social security numbers, were… Read more »

Arbitration Clauses Harm Consumers

CFPB Releases Study Results on Consumer Arbitration Clauses Yesterday, the Consumer Financial Protection Bureau (“CFPB”) released the results of its study on consumer arbitration clauses.  The results overwhelmingly demonstrated that these clauses are bad for consumers and limit the consumer’s right to sue.  Most importantly, it denies them the right to join their claims together,… Read more »

Buyer Beware!  Strict Enforcement of Arbitration Clauses Limits Consumer Rights

What are Arbitration Clauses and Why Should You Care? Have you ever signed a contract that contained an Arbitration Clause?  Did you read the clause fully?  Did you understand the ramifications of the clause?  If you answered “no” to any of these questions, you are not alone. The impact of arbitration clauses has greatly limited… Read more »

Class Action Lawsuit Alleges Price-Fixing Regarding Platinum and Palladium

Platinum and Palladium Class Action filed by Goldman Scarlato & Penny, P.C. A complaint filed Friday in the United States District Court for the Southern District of New York alleges price manipulation in the markets for platinum and palladium products.  Platinum and palladium are primarily found in the production of catalytic converters for automobiles and… Read more »

Community Health Data Breach Class Actions Will Proceed In One Court

Nine Nationwide Class Action Suits Alleging Security Data Breach Have Been Consolidated in the Northern District of Alabama Nine class actions, each alleging that private information maintained by Community Health Systems, Inc. and Community Health Systems Professional Services Corporation (collectively, “CHS”) was not adequately protected, were consolidated on February 4, 2015 in the United States… Read more »