Clark Michie
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We deliver first-class legal services comparable to a large law firm, with more responsive and personalized attention to the unique needs of each client. We are committed to partnering closely with each client to provide timely information and respond fully to their specific problems and goals. Class Actions in New Jersey: Appellate Division Speaks on Motions to Dismiss, Ascertainability, Negative Value Suits and Interlocutory Appeals.

Arbitration Clauses and Treble Damage Waivers In Consumer Contracts: New Jersey's Appellate Division Splits (or Rather Severs) the Baby.
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Clark Michie represents an alliance between Bruce Clark and Chris Michie, both of whom are former litigation partners of Dechert LLP, an international law firm with offices all over the world.
Over the years, Bruce and Chris have represented some of the world's largest and most successful corporations in high stakes litigation.
Often their cases have involved cutting edge legal issues requiring the highest levels of critical thinking and strategic analysis.
They have worked independently and collaboratively with lawyers from other practices as part of "virtual law firms, " where clients select individual lawyers from different firms to work as a team, matching the best individual talents with each particular task.
Bruce Clark has over 25 years of experience in commercial disputes and complex civil trial, appellate, and arbitration matters spanning a broad array of practice areas and industries.
From many years as a litigation partner in a premier, international law firm, his background includes litigation avoidance strategies, early resolution of disputes, dispositive motions, negotiated settlements, jury and bench trials, mediations, arbitrations, post-trial motions, and appeals in a variety of state and federal courts.
Born and raised in Scotland, Chris Michie has almost two decades of experience as a litigator in the United States courts.
He spent over fifteen years at Dechert LLP, first as an associate and then as a partner.
Over the course of his career, he has represented clients in a wide array of matters, including complex commercial and product liability cases.
He has also handled literally scores of consumer class actions in state and federal courts throughout the United States, as well as before the Judicial Panel on Multidistrict Litigation.
First and foremost, we are litigators, called upon to represent our clients before the state and federal courts.
However, we also have extensive experience conducting investigations and counseling clients in the pre-litigation context.
In some cases, litigation can be avoided.
In other cases, it is inevitable.
In both situations, superior knowledge and strategic planning are essential to a successful outcome.
Over the years, we have litigated literally hundreds of cases, ranging from smaller commercial disputes to enormous class actions.
Applying this "ascertainability" requirement in consumer protection cases, the court has rejected class treatment where class membership is predicated solely upon potentially self-serving affidavits from putative class members attesting that they purchased the defendant's products.
First, ascertainability does not mean that a plaintiff must be able to identify each and every class member when they move for certification.
The recent decision in City-Select Auto Sales Inc. v. BMW Bank of N. Am. Inc. provides further guidance on what evidence will and will not be considered sufficient to meet the ascertainability requirement.
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