James Barry

Background

About James Barry

Partner with Pogust Goodhead concentrating my practice on complex litigation including class actions; environmental contamination; and mass torts. Notable Cases: Kernahan v. Home Warranty Admin. of Florida, 236 N.J. 301 (2019): Argued on behalf of Amicus Curiae; The Court adopted our argument that discrepancies in an arbitration clause including references to mediation made the clause unenforceable due to lack of mutual assent and under the New Jersey Plain Language Act. Spade v. Select Comfort, 232 N.J. 504 (2018): Argued on behalf of Amicus Curiae as to the whether the TCCWNA applied to regulatory violations and the definition of "aggrieved consumer" under the Act. Moore v. Atlantic County, 2018 WL 4354304 (App. Div. 2018): Argued on behalf of Amicus Curiae as to the propriety of class certification under both R. 4:32-1(b)(2) and 4:32-1(b)(3), as well as the certification of a class prior to a decision on pending motions for summary judgment. Dugan v. TGI Fridays, Inc, et al, 231 N.J. 24 (2017): Amicus Curiae regarding the propriety of Appellate decision to reverse trial court's grant of class certification. Roach v. BM Motoring, LLC, et al, 228 N.J. 163 (2017); Amicus Curiae, the Court agreed with our position that Defendant's failure to pay/appear for arbitration constituted a material breach of the agreement and rendered the clause unenforceable by defendant. Morgan v. Sanford Brown Institute, 225 N.J. 289 (2016): Argued on behalf of Amicus Curiae; The Court adopted our argument that no agreement to delegate the question of arbitrability was formed and there was no clear and unmistakable agreement to delegate arbitrability questions to an arbitrator. Johnson v. Wynn's Extended Care, 635 Fed. Appx. 59 (3d Cir. 2015): Reversed dismissal of class action complaint under the TCCWNA. Castro v. Sovran Self-Storage, Inc, 114 F.Supp. 3d 204 (D.N.J. 2015): Denial of a motion to dismiss class action claims under the CFA and TCCWNA.$8 million class settlement preliminarily approved February 15, 2018. Martinez-Santiago v. Public Storage, 28 F. Supp 3d 500 (D.N.J. 2014): Denial of a motion to dismiss class action claims under the TCCWNA and CFA. Class certified at 312 F.R.D. Richardson v. Liberty Mutual, 2014 WL 4232339 (App. Div. 2014): Reversed summary judgment for defendant based on requests for admissions.