Archives for Peter Breslauer

Peter Breslauer

Peter Breslauer

Partner / Philadelphia

P: 215-772-7271

Settlement Issues May Force 9th Circ. Rethink Of Hyundai Kia

June 29, 2018

By Linda Chiem

Consumer class action settlements are hitting snags after the Ninth Circuit ruled in January that courts must weigh whether varying…

Montgomery McCracken’s Class Action Defense Group Named a Litigation Department of the Year by The Legal Intelligencer

June 19, 2018

Pictured – back row standing (left to right): Brett M. Waldron, David F. Herman, Erin A. Novak, Peter Breslauer, Patrick…

9th Circ. Sets High Bar For Nationwide Class Settlements

January 25, 2018

By Linda Chiem

Multistate consumer class action settlements will have to clear a higher bar before scoring approval, experts say, after the Ninth…

Integrity Staffing Solutions v. Busk surfaces issues that may affect many employers’ security practices

October 9, 2014

The Supreme Court heard oral argument yesterday in an important Fair Labor Standards Act case that asks whether an employer…

Montgomery McCracken Launches Class Action Defense Blog

November 22, 2013

Montgomery McCracken is pleased to announce that the firm has launched Ahead of the Class, a legal blog focused on…

Can Defendants in a Securities Fraud Case Still Attempt to Defeat Class Certification by Presenting Evidence to Rebut a Presumption of Reliance?

April 18, 2013

The Supreme Court’s recent decision in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, 568 U.S. ___, 133 S….

Pennsylvania Supreme Court Reinstates Decertification of “Rapid Refund” Claims, Citing “The Inherently Discrete and Subjective Aspects of Marketing and Customer-Relations Impact”

October 4, 2012

On September 7, 2012, the Pennsylvania Supreme Court effectively ended a 19-year effort to litigate state-law claims arising from H…

Third Circuit Defines FLSA Plaintiffs’ “Second-Stage” Burden of Proof for Collective Action Certification

September 12, 2012

Although collective actions under the federal Fair Labor Standards Act have been around for decades, the federal appellate courts have…

Third Circuit Vacates Certification in Class Action Involving Defective Tires

August 14, 2012

Last week, the United States Court of Appeals for the Third Circuit issued an important decision clarifying the proof needed…

Third Circuit Rejects Division of Settlement Class Into Two Groups Because Group Receiving Lesser Benefits Not Adequately Represented

June 13, 2012

On May 31, 2012, the Third Circuit reversed the certification of a settlement class of Volkswagen and Audi owners because…

New Jersey Federal Court Denies Class Certification in Cracked Screen Case

April 11, 2012

Last month, New Jersey federal Judge Anne Thompson denied class certification in a proposed class action lawsuit involving cracked screens…

Third Circuit Affirms Dismissal of Class Action for Printing Expiration Month on Credit Card Receipts

February 3, 2012

Last week, the U.S. Court of Appeals for the Third Circuit issued an important decision making clear that a defendant…

Does Your Employment Contract Actually Vest Ownership of Your Employee’s Patent Rights in Your Company?

October 3, 2011

In a year when the U.S. Supreme Court has decided several intellectual property-related matters, on June 6, 2011 the Court…

Third Circuit Affirms Certification of Antitrust Class Action – Hydrogen Peroxide Requirements Held to be Satisfied

August 31, 2011

In Behrend v. Comcast Corp., No. 10-2865, 2011 WL 3678805 (3d Cir. Aug. 23, 2011), the Third Circuit has shown…

Proposed Amendments to New Jersey’s Consumer Fraud Act Could Rein In Class Actions Against New Jersey Businesses

August 17, 2011

As many courts have recognized, New Jersey’s Consumer Fraud Act, N.J.S.A. 56:8-1, et seq. (“NJCFA”), is one of the strongest…

Montgomery McCracken Secures Dismissal of Class Action for Printing Expiration Month on Credit Card Receipts

February 22, 2011

Rejecting a claim that printing a credit card’s month of expiration-but not the year-on a sales receipt violates federal law,…

Third Circuit Vacates Approval of Class Action Settlement Because Factual Record On Fairness Was Inadequate

December 22, 2010

A new Third Circuit decision makes clear that the standards for a “fair, reasonable, and adequate” settlement under Federal Rule…

Third Circuit Rejects Settlement Class Certification Because District Court Conducted an Unnecessary Merits Inquiry in Addressing the Adequacy of the Named Plaintiffs

December 16, 2010

The Third Circuit’s landmark decision in In re Hydrogen Peroxide Antitrust Litig., 552 F.3d 305 (3d Cir. 2008), put that…

U.S. Customs and Border Patrol: Helping to Protect Trademark Owners

November 19, 2010

Imitation may be the sincerest form of flattery, but it isn’t very welcome among Trademark owners.  At its most basic,…

Third Circuit Rejects “Fraud Created The Market” As Basis For Class Certification

November 1, 2010

In a case of first impression for the Court, the Third Circuit has rejected the so-called “fraud-created-the-market” theory as a…

En Banc Third Circuit to Review Challenge to Nationwide

October 6, 2010

The Third Circuit has granted rehearing en banc in a case that could clarify the standards for certifying settlement classes…

“Take-Down” Compliance Protects Google from Accusations of Internet Piracy

September 15, 2010

Reports that copyrights are dead are wildly exaggerated, but Google-owned YouTube won a major victory this summer when a federal…

Third Circuit Vacates Nationwide Settlement Class of Indirect Purchasers Due to Varying State Laws

August 5, 2010

A recent Third Circuit decision will make it harder for plaintiffs to get a nationwide class certified for claims under…

Intellectual Property Alert: “Use It Or Move It” to Maximize Your Investment

July 7, 2010

Intellectual property (IP) rights are perhaps the most valuable assets held by a company, even though they are often described…