In a decision released on September 30, 2010, the New Jersey Supreme Court reaffirmed the holding of its previous decision in Iliadis v. Wal-Mart, where the Court emphasized that, where common issues predominate in the litigation, individual factual differences among the class members will not stand in the way of class certification.

Given the significantly more conservative treatment of class action certification by the Third Circuit, this new case clearly confirms the New Jersey Supreme Court’s determination in class action certification applications that all inferences regarding the class action test should be determined in favor of the Plaintiff.  The new decision in Lee should resolve any questions as to whether the New Jersey Courts will take a more conservative line after Iliadis, since it is now more than evident that the New Jersey Supreme Court plans to stand firm on its holding in Iliadias.