Case: Holland v. Rosen

1:17-cv-04317 | U.S. District Court for the District of New Jersey

Filed Date: June 14, 2017

Closed Date: Oct. 31, 2018

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Case Summary

On June 14, 2017, a man awaiting criminal trial and Lexington National Insurance Corporation, a bail bond company, filed this lawsuit in the U.S. District Court for the District of New Jersey. The case was assigned to Judge Jerome Simandle. The plaintiffs sued the state of New Jersey under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs alleged that a New Jersey state law, the Criminal Justice Reform Act (CJRA), violated the bail provision of the Eighth Amendment, due process under the Fourteenth Amendment, and freedom from unreasonable search and seizure under the Fourth Amendment. The CJRA required that pretrial release by monetary bail occur only if a criminal court court found that non-monetary conditions were inadequate. The plaintiffs sought damages, declaratory relief, and injunctive relief.

On the same day that the plaintiffs filed their complaint, the plaintiffs also filed a motion for a preliminary injunction that would enjoin the provisions of the CJRA that they deemed unconstitutional.

On July 28, 2017, the state filed a brief in opposition to the motion for a preliminary injunction and moved to dismiss the case for failure to state a claim. The same day, the American Civil Liberties Union, American Civil Liberties Union of New Jersey, Drug Policy Alliance, Latino Action Network, and National Association for the Advancement of Colored People – New Jersey State Conference jointly moved to participate as amici curiae in support of the defendant. All of these civil rights organizations would be represented by one ACLU lawyer. These prospective amici also filed a brief in opposition to the plaintiff’s motion for a preliminary injunction.

On September 21, 2017, the court denied the the plaintiffs’ motion for a preliminary injunction. The court held that the plaintiffs’ case was unlikely to succeed on the merits and that the plaintiffs were unlikely to suffer irreparable harm without an injunction. Judge Simandle also stated that the accused plaintiff was a bad class representative for a potential class action because the crime that he was on pretrial release for was particularly violent. 277 F. Supp. 3d 707. (Though the plaintiffs had not yet moved for class certification, their complaint indicated that they intended to seek it.)

Four days later, on September 25, 2017, the plaintiffs appealed the court’s decision regarding the preliminary injunction to the U.S. Court of Appeals for the Third Circuit. (Docket Number: 17-03104). In the meantime, the plaintiffs sought to pause litigation in the District Court pending a decision in the Appellate Court. The defendant protested; the Appellate Court’s decision would not affect the District Court’s decision on the merits of the case, so the state wanted to move forward. Still, the District Court granted the stay, holding that the litigation would not continue in the District Court until the Third Circuit had decided the appeal. The District Court therefore terminated the defendant’s motion to dismiss, holding it in abeyance until after the Court of Appeals rendered its decision.

The Third Circuit heard oral arguments on this case on February 21, 2018. The panel was made up of Judge Thomas L. Ambro, Judge Luis Felipe Restrepo, and Judge Julio M. Fuentes. In an opinion issued on July 9, 2018, they affirmed the district court's denial of preliminary injunction. The opinion held that there is no "federal constitutional right to deposit money or obtain a corporate surety bond to ensure a criminal defendant's future appearance in court as an equal alternative to non-monetary conditions of pretrial release." 895 F.3d 272.

The plaintiff petitioned for certiorari in the United States Supreme Court on October 1, 2018. His petition was denied on October 29. 139 S.Ct. 440. The plaintiff subsequently dismissed the suit voluntarily, and the case was terminated on October 31, 2018.

Summary Authors

Rebecca Strauss (5/31/2018)

Alex Moody (4/13/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6075963/parties/holland-v-rosen/

Judge(s)

Ambro, Thomas L. (Delaware)

Attorney for Plaintiff

Clement, Paul D. (District of Columbia)

Attorney for Defendant

Feinblatt, Stuart Mark (New Jersey)

Expert/Monitor/Master/Other

Barocas, Edward (New Jersey)

Buskey, Brandon (New York)

Judge(s)

Ambro, Thomas L. (Delaware)

Simandle, Jerome B. (New Jersey)

Williams, Karen McGlashan (New Jersey)

Attorney for Plaintiff

Clement, Paul D. (District of Columbia)

Lawrence, Andrew C. (District of Columbia)

Michel, Christopher G. (District of Columbia)

Quinn, Justin Taylor (New Jersey)

WILLIAMS, MICHAEL F. (New Jersey)

Attorney for Defendant

Feinblatt, Stuart Mark (New Jersey)

Riggs, Christopher Joseph (New Jersey)

Other

Barocas, Edward (New Jersey)

Buskey, Brandon (New York)

Livengood, Rebecca (New Jersey)

LoCicero, Jeanne (New Jersey)

Shalom, Alexander (New Jersey)

Woods, Andrea (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:17-cv-04317	Docket [PACER]	Oct. 31, 2018	Oct. 31, 2018 Docket
1 1:17-cv-04317	Class Action Complaint	June 14, 2017	June 14, 2017 Complaint
18-2 1:17-cv-04317	Brief of Proposed Amici Curiae	July 28, 2017	July 28, 2017 Pleading / Motion / Brief
24 1:17-cv-04317	Notice of Motion to Dismiss on Behalf of State Defendants	July 28, 2017	July 28, 2017 Correspondence
59 1:17-cv-04317	Opinion	Sept. 21, 2017	Sept. 21, 2017 Order/Opinion 277 F.Supp.3d 707
BL-72 17-03104	Opinion of the Court U.S. Court of Appeals for the Third Circuit	July 9, 2018	July 9, 2018 Order/Opinion 895 F.3d 272

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6075963/holland-v-rosen/

Last updated Aug. 27, 2026, 4:49 a.m.

Docket for: HOLLAND v. ROSEN

ECF Number	Date	Description	Link
1	June 14, 2017	COMPLAINT against MARY E COLALILLO, CHRISTOPHER PORRINO, KELLY ROSEN ( Filing and Admin fee $ 400 receipt number 0312-7902618), filed by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. (Attachments: # 1 Civil Cover Sheet, # 2 Certification Rule 11.2)(WILLIAMS, MICHAEL) (Entered: 06/14/2017) 1 Civil Cover Sheet View on PACER 2 Certification Rule 11.2 View on PACER	RECAP
2	June 14, 2017	Corporate Disclosure Statement by LEXINGTON NATIONAL INSURANCE CORPORATION. (WILLIAMS, MICHAEL) (Entered: 06/14/2017)	RECAP
3	June 14, 2017	MOTION for Preliminary Injunction by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. (Attachments: # 1 Brief in Support of Motion for Preliminary Injunction, # 2 Declaration of Holland, # 3 Declaration of Wachinski, # 4 Text of Proposed Order)(WILLIAMS, MICHAEL) (Entered: 06/14/2017) 1 Brief in Support of Motion for Preliminary Injunction View on PACER 2 Declaration of Holland View on PACER 3 Declaration of Wachinski View on PACER 4 Text of Proposed Order View on PACER	RECAP
4	June 14, 2017	NOTICE of Appearance by JUSTIN TAYLOR QUINN on behalf of BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION (QUINN, JUSTIN) (Entered: 06/14/2017)	RECAP
	June 14, 2017	Notice of Judicial Preferences
	June 14, 2017	QC - Attorney Case Opening
	June 14, 2017	Add and Terminate Judges
5	June 15, 2017	SUMMONS ISSUED as to MARY E COLALILLO, CHRISTOPHER PORRINO, KELLY ROSEN Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By JAIME KASSELMAN (jbk, ) (Entered: 06/15/2017)	RECAP
6	June 21, 2017	SUMMONS Returned Executed by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. KELLY ROSEN served on 6/19/2017, answer due 7/10/2017. (QUINN, JUSTIN) (Entered: 06/21/2017)	RECAP
7	June 21, 2017	SUMMONS Returned Executed by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. CHRISTOPHER PORRINO served on 6/16/2017, answer due 7/7/2017. (QUINN, JUSTIN) (Entered: 06/21/2017)	RECAP
8	June 21, 2017	SUMMONS Returned Executed by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. MARY E COLALILLO served on 6/16/2017, answer due 7/7/2017. (QUINN, JUSTIN) (Entered: 06/21/2017)	RECAP
9	June 27, 2017	TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Jerome B. Simandle for all further proceedings. Judge Renee Marie Bumb no longer assigned to case. So Ordered by Chief Judge Jose L. Linares on 6/27/2017. (mmb, ) (Entered: 06/27/2017)	RECAP
10	June 27, 2017	NOTICE of Appearance by CHRISTOPHER JOSEPH RIGGS on behalf of MARY E COLALILLO, CHRISTOPHER PORRINO, KELLY ROSEN (RIGGS, CHRISTOPHER) (Entered: 06/27/2017)	RECAP
11	June 27, 2017	NOTICE of Appearance by STUART MARK FEINBLATT on behalf of MARY E COLALILLO, CHRISTOPHER PORRINO, KELLY ROSEN (FEINBLATT, STUART) (Entered: 06/27/2017)	RECAP
12	June 27, 2017	TEXT ORDER : All counsel are requested to participate in a telephone conference with the undersigned regarding Plaintiffs' Motion for Preliminary Injunction [Docket Item 3] for the purposes of setting the briefing schedule and hearing date and addressing any logistical concerns. Plaintiffs' counsel, Justin Quinn, Esq., is requested to arrange the conference call on Friday, June 30, 2017 at 11:00 A.M. So Ordered by Judge Jerome B. Simandle on 6/27/17. (mb, ) (Entered: 06/27/2017)	RECAP
	June 27, 2017	Order Reassigning Case
	June 27, 2017	Order
13	June 29, 2017	Letter from Justin T. Quinn, Esq. to the Honorable Jerome B. Simandle, U.S.D.J. re 12 Order,. (QUINN, JUSTIN) (Entered: 06/29/2017)	RECAP
14	June 30, 2017	SCHEDULING ORDER: Telephone Conference set for 8/14/2017 at 1:00 PM before Judge Jerome B. Simandle. Deadlines as to 3 MOTION for Preliminary Injunction . Responses due by 7/28/2017, Replies due by 8/7/2017., Motion hearing set for 8/17/2017 at 10:00 AM in Camden - Courtroom 4A before Judge Jerome B. Simandle. Signed by Judge Jerome B. Simandle on 6/30/2017. (dmr, ) (Entered: 06/30/2017)	RECAP
15	July 21, 2017	MOTION for Leave to Appear Pro Hac Vice by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. (Attachments: # 1 Statement of Justin T. Quinn, Esq. Pursuant to L. Civ. R. 7.1(d)(4), # 2 Declaration of Justin T. Quinn, Esq., # 3 Declaration of Paul D. Clement, Esq., # 4 Declaration of Christopher G. Michel, Esq., # 5 Declaration of Andrew C. Lawrence, Esq., # 6 Text of Proposed Order, # 7 Certificate of Service)(QUINN, JUSTIN) (Entered: 07/21/2017) 1 Statement of Justin T. Quinn, Esq. Pursuant to L. Civ. R. 7.1(d)(4) View on PACER 2 Declaration of Justin T. Quinn, Esq. View on PACER 3 Declaration of Paul D. Clement, Esq. View on PACER 4 Declaration of Christopher G. Michel, Esq. View on PACER 5 Declaration of Andrew C. Lawrence, Esq. View on PACER 6 Text of Proposed Order View on PACER 7 Certificate of Service View on PACER	RECAP
	July 21, 2017	Set/Reset Motion and R&R Deadlines/Hearings
16	July 25, 2017	Letter from Defendants requesting permission to file an overlength brief. (FEINBLATT, STUART) (Entered: 07/25/2017)	RECAP
17	July 27, 2017	TEXT ORDER : The Court is in receipt of Defendants' July 25, 2017 letter [Docket Item 16] requesting permission to file a brief of 50 pages, rather than the 40 pages allowed under L. Civ. R. 7.2(b). The Court grants the request, for good cause shown. So Ordered by Judge Jerome B. Simandle on 7/27/17. (mb, ) (Entered: 07/27/2017)	RECAP
	July 27, 2017	Order
18	July 28, 2017	First MOTION for Leave to Appear Amicus Curiae by AMERICAN CIVIL LIBERTIES UNION, ET AL.. (Attachments: # 1 Certification Certification of Alexander Shalom, # 2 Brief, # 3 Text of Proposed Order, # 4 Certificate of Service)(SHALOM, ALEXANDER) (Entered: 07/28/2017) 1 Certification Certification of Alexander Shalom View on PACER 2 Brief View on PACER 3 Text of Proposed Order View on PACER 4 Certificate of Service View on PACER	RECAP
19	July 28, 2017	First MOTION for Leave to Appear Pro Hac Vice by AMERICAN CIVIL LIBERTIES UNION, ET AL.. (Attachments: # 1 Certification Certification of Brandon J. Buskey, # 2 Certification Certification of Alexander Shalom, # 3 Text of Proposed Order)(SHALOM, ALEXANDER) (Entered: 07/28/2017) 1 Certification Certification of Brandon J. Buskey View on PACER 2 Certification Certification of Alexander Shalom View on PACER 3 Text of Proposed Order View on PACER	RECAP
20	July 28, 2017	Second MOTION for Leave to Appear Pro Hac Vice by AMERICAN CIVIL LIBERTIES UNION, ET AL.. (Attachments: # 1 Certification Certification of Andrea Woods, # 2 Certification Certification of Alexander Shalom, # 3 Text of Proposed Order)(SHALOM, ALEXANDER) (Entered: 07/28/2017) 1 Certification Certification of Andrea Woods View on PACER 2 Certification Certification of Alexander Shalom View on PACER 3 Text of Proposed Order View on PACER	RECAP
21	July 28, 2017	CERTIFICATION in Support filed by AMERICAN CIVIL LIBERTIES UNION, ET AL. re 19 First MOTION for Leave to Appear Pro Hac Vice (SHALOM, ALEXANDER) (Entered: 07/28/2017)	RECAP
22	July 28, 2017	CERTIFICATION in Support filed by AMERICAN CIVIL LIBERTIES UNION, ET AL. re 20 Second MOTION for Leave to Appear Pro Hac Vice (SHALOM, ALEXANDER) (Entered: 07/28/2017)	RECAP
23	July 28, 2017	BRIEF in Opposition filed by MARY E COLALILLO, CHRISTOPHER PORRINO, KELLY ROSEN re 3 MOTION for Preliminary Injunction (Attachments: # 1 Declaration Leo Feldman, # 2 Declaration Michelle Smith, # 3 Certificate of Service)(FEINBLATT, STUART) (Entered: 07/28/2017) 1 Declaration Leo Feldman View on PACER 2 Declaration Michelle Smith View on PACER 3 Certificate of Service View on PACER	RECAP
24	July 28, 2017	MOTION to Dismiss in lieu of Answer by MARY E COLALILLO, CHRISTOPHER PORRINO, KELLY ROSEN. Responses due by 8/7/2017 (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Certificate of Service)(FEINBLATT, STUART) (Entered: 07/28/2017) 1 Brief View on PACER 2 Text of Proposed Order View on PACER 3 Certificate of Service View on PACER	RECAP
	July 28, 2017	Set/Reset Motion and R&R Deadlines/Hearings
	July 28, 2017	QC - Document contains an Electronic Signature of a Non-Attorney
	July 31, 2017	Set/Reset Motion and R&R Deadlines/Hearings
25	Aug. 2, 2017	Letter from Justin T. Quinn, Esq. to the Honorable Jerome B. Simandle, U.S.D.J. (QUINN, JUSTIN) (Entered: 08/02/2017)	RECAP
26	Aug. 2, 2017	Letter from Defendants re 18 First MOTION for Leave to Appear Amicus Curiae . (FEINBLATT, STUART) (Entered: 08/02/2017)	RECAP
27	Aug. 3, 2017	ORDER granting letter request for permission to file a 20 page reply brief in support of Plaintiff's motion for preliminary injunction. Signed by Judge Jerome B. Simandle on 8/2/2017. (dmr) (Entered: 08/03/2017)	RECAP
28	Aug. 7, 2017	Letter from Justin T. Quinn, Esq. to the Honorable Jerome B. Simandle, U.S.D.J.. (Attachments: # 1 Stipulation & Consent Order)(QUINN, JUSTIN) (Entered: 08/07/2017) 1 Stipulation & Consent Order View on PACER	RECAP
29	Aug. 7, 2017	REPLY BRIEF to Opposition to Motion filed by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION re 3 MOTION for Preliminary Injunction (WILLIAMS, MICHAEL) (Entered: 08/07/2017)	RECAP
30	Aug. 7, 2017	Letter from Counsel for Amici Curiae. (SHALOM, ALEXANDER) (Entered: 08/07/2017)	RECAP
31	Aug. 8, 2017	ORDER granting 18 Motion to Appear Amicus Curiae. Signed by Judge Jerome B. Simandle on 8/8/2017. (dmr) (Entered: 08/08/2017)	RECAP
32	Aug. 8, 2017	STIPULATION AND CONSENT ORDER re briefing schedule as to 24 MOTION to Dismiss. Responses due by 9/15/2017, Replies due by 10/4/2017. Signed by Judge Jerome B. Simandle on 8/8/2017. (dmr) (Entered: 08/09/2017)	RECAP
33	Aug. 9, 2017	ORDER granting 19 Motion for Leave to Appear Pro Hac Vice as to Brandon J. Buskey,. Signed by Judge Jerome B. Simandle on 8/9/2017. (dmr) (Entered: 08/09/2017)	RECAP
34	Aug. 9, 2017	ORDER granting 20 Motion for Leave to Appear Pro Hac Vice as to Andrea Woods. Signed by Judge Jerome B. Simandle on 8/9/2017. (dmr) (Entered: 08/09/2017)	RECAP
35	Aug. 10, 2017	TEXT ORDER : The Court adjourns the Thursday, August 17, 2017 preliminary injunction hearing until Tuesday, August 22, 2017 at 3:00 PM or Wednesday, August 23, 2017 at 2:00 PM. The Court will still hold the telephone conference scheduled for Monday, August 14, 2017 at 2:00 PM, and the parties should be prepared to discuss the new hearing date at that time. So Ordered by Judge Jerome B. Simandle on 8/10/17. (mb, ) (Entered: 08/10/2017)	RECAP
36	Aug. 10, 2017	ORDER granting 15 Motion for Leave to Appear Pro Hac Vice as to Paul D. Clement, Christopher G. Michel, and Andrew C. Lawrence. Signed by Magistrate Judge Karen M. Williams on 8/10/2017. (dmr) (Entered: 08/10/2017)	RECAP
	Aug. 10, 2017	Order
37	Aug. 14, 2017	TEXT ORDER : The Court will now hold the preliminary injunction hearing on Tuesday, August 22, 2017 at 3:00 PM in Courtroom 4A. So Ordered by Judge Jerome B. Simandle on 8.14.17. (mb, ) (Entered: 08/14/2017)	RECAP
38	Aug. 14, 2017	Minute Entry for proceedings held before Judge Jerome B. Simandle: Telephone Conference held on 8/14/2017. Preliminary Injunction hearing set for August 22, 2017 at 3:00 pm. (tf, ) (Entered: 08/15/2017)	RECAP
	Aug. 14, 2017	Order
	Aug. 15, 2017	Pro Hac Vice Fee Received
	Aug. 17, 2017	Pro Hac Vice Fee Received
39	Aug. 18, 2017	Notice of Request by Pro Hac Vice Paul D. Clement, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8035318.) (QUINN, JUSTIN) (Entered: 08/18/2017)	RECAP
40	Aug. 18, 2017	Notice of Request by Pro Hac Vice Christopher G. Michel, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8035342.) (QUINN, JUSTIN) (Entered: 08/18/2017)	RECAP
41	Aug. 18, 2017	Notice of Request by Pro Hac Vice Andrew C. Lawrence, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8035366.) (QUINN, JUSTIN) (Entered: 08/18/2017)	RECAP
	Aug. 18, 2017	Notice of Pro Hac Vice counsel added
42	Aug. 23, 2017	Motion Hearing	RECAP
43	Aug. 24, 2017	Order	RECAP
44	Aug. 31, 2017	Notice (Other)	RECAP
45	Aug. 31, 2017	Notice (Other)	RECAP
	Aug. 31, 2017	QC - Incorrect Event Selected
	Aug. 31, 2017	Notice of Pro Hac Vice counsel added
	Sept. 5, 2017	Order
47	Sept. 8, 2017	Letter	RECAP
48	Sept. 11, 2017	Notice (Other)	RECAP
49	Sept. 11, 2017	Appear Pro Hac Vice	RECAP
50	Sept. 12, 2017	Transcript	RECAP
51	Sept. 12, 2017	Letter	RECAP
	Sept. 12, 2017	Set/Reset Motion and R&R Deadlines/Hearings
52	Sept. 13, 2017	Letter	RECAP
53	Sept. 13, 2017	Order on Motion for Leave to Appear Pro Hac Vice	RECAP
54	Sept. 13, 2017	Order	RECAP
55	Sept. 13, 2017	Notice of Pro Hac Vice to Receive NEF	RECAP
56	Sept. 14, 2017	Order	RECAP
57	Sept. 14, 2017	Letter	RECAP
	Sept. 14, 2017	Notice of Pro Hac Vice counsel added
58	Sept. 18, 2017	Letter	RECAP
59	Sept. 21, 2017	OPINION. Signed by Judge Jerome B. Simandle on 9/21/2017. (dmr)	RECAP
60	Sept. 21, 2017	Order on Motion for Preliminary Injunction	RECAP
61	Sept. 25, 2017	Notice of Appeal (USCA Philadelphia)	RECAP
62	Sept. 26, 2017	Letter	RECAP
63	Sept. 26, 2017	Transcript	RECAP
64	Sept. 26, 2017	Order	RECAP
65	Sept. 27, 2017	USCA Notice of Docketing (Case No & Mgr Assigned)	RECAP
66	Sept. 28, 2017	Transcript Request	RECAP
67	Sept. 28, 2017	Letter	RECAP
68	Sept. 29, 2017	Order	RECAP
69	July 9, 2018	USCA Judgment (Use if Mandate will follow)	RECAP
70	July 24, 2018	Letter 1 Exhibit View on PACER 2 Exhibit View on PACER	RECAP
71	July 25, 2018	Letter	RECAP
72	July 31, 2018	USCA Mandate (Terminates Appeal) 1 Clerk's Letter to District Court View on PACER 2 Opinion View on PACER	RECAP
73	Aug. 7, 2018	Order	RECAP

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Case Details

State / Territory:

New Jersey

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 14, 2017

Closing Date: Oct. 31, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A man awaiting trial for a criminal charge who in the meantime has to wear a GPS-tracking ankle bracelet, be on home detention, and report to court staff every week until trial; Lexington National - a Florida corporation that issues and posts bail bonds

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

New Jersey

Defendant Type(s):

Jurisdiction-wide

Case Details