Christopher J. Dalton

Christopher J. Dalton


Newark, NJ
New York, NY
  • A precedential Third Circuit decision recognizing that “ascertainability” of class membership is inherent in the Rule 23 certification analysis and delineating the limits of applying a “presumption of causation” consumer-fraud matters, reversing the District Court’s grant of class certification. Marcus v. BMW of North America, LLC, 687 F.3d 583 (3d Cir. 2012).
  • Denial of nationwide and, later, single-state certification of consumer-fraud/false-advertising claims on various grounds, including the plaintiff’s inability to pursue claims under a “price-inflation” damages theory. Oscar v. BMW of North America, LLC, 274 F.R.D. 498 (S.D.N.Y. 2011).
  • Pre-answer dismissal of a putative nationwide consumer-fraud class action for failure to demonstrate an actual loss where consumer failed to take advantage of manufacturer’s limited warranty when product malfunctioned during warranty period and striking class-action allegations on face of complaint where individual fact questions would predominate. Green v. Green Mountain Coffee Roasters, Inc., 279 F.R.D. 575 (D.N.J. 2011).
  • Pre-answer dismissal of putative consumer-fraud class action where alleged defect had not manifested based on lack of Article III standing.
  • Summary judgment dismissal of claims for hostile work environment and discrimination on the basis of race and gender filed against a railroad client in federal court.
  • A 16-day bench trial prevailing on claim of shareholder oppression by former CEO and minority shareholder.
  • A federal jury trial in the District of Colorado on behalf of an international consulting firm, obtaining a verdict in its favor against a former senior executive for breach of employment contract and violation of fiduciary duties, which was fully affirmed by the Tenth Circuit Court of Appeals. King v. PA Consulting, 485 F.3d 577 (10th Cir. 2007).
  • Defense of alleged Title VII and state anti-discrimination law, ""whistleblower"" and employment contract claims asserted against various clients.
  • Constructively resolved the claims of a life beneficiary under a family trust in a matter before the Superior Court of New Jersey, Chancery Division.
  • Resolved local real estate tax appeals on behalf of several clients, resulting in reduced valuations and property tax obligations.
  • Defended a computer manufacturer in state and federal court breach of contract actions.