Sean Wood, LLC v. Hegarty Group, Inc., 2011 WL 1529730 (App. Div. April 25, 2011). These two commercial parties each accused the other of breach of contract in connection with plaintiff’s rigging out, loading and delivering industrial machinery and tanks to two of ...
State v. Witczak, 2011 WL 1364012 (App. Div. April 12, 2011). This blog usually is allergic to criminal decisions. But this criminal case involved a virtually even split in the federal Circuit Courts of Appeal on whether the “community caretaker exception” to the requirement of ...
Huertas v. Galaxy Asset Management, 2011 WL 1361568 (3d Cir. April 11, 2011). It may seem strange that someone can lawfully try to collect a debt even after the statute of limitations has expired, when the debt is no longer lawfully enforceable. To ...
Yousef v. General Dynamics Corp., 205 N.J. 543 (2011). In deciding where a case can be brought, New Jersey courts normally honor the plaintiff’s choice of forum, especially where the plaintiff is a New Jersey citizen. A defendant who seeks dismissal on the ...
On April 8, 1952, President Harry Truman issued Executive Order No. 10340. That Executive Order directed the Secretary of Commerce to take possession of and operate most of the steel mills in the United States. President Truman’s action led to ...
Arizona Christian School Tuition Org. v. Winn, 131 S. Ct. 1436 (2011). New Jersey law may occasionally be difficult to fathom, but at least New Jersey does not have the sometimes bizarre rules governing standing (that is, the right to sue at ...
The Supreme Court has granted certification to review the decision in Cornett v. Johnson & Johnson, 414 N.J. Super. 365 (App. Div. 2010). [Disclosure: I am co-counsel for plaintiffs in Cornett]. That opinion, written by Judge Parrillo, involved 49 consolidated matters, in all ...
In re Caterbone, 640 F.3d 108 (3d Cir. 2011). Stanley Caterbone filed a Chapter 11 bankruptcy petition. The Trustee successfully moved to have the petition dismissed on various grounds. The dismissal was entered on October 3, 2006 and the dismissal order was ...
Nutley Policemen’s Benevolent Ass’n v. Township of Nutley, 419 N.J. Super. 160 (App. Div. 2011). The federal Fair Labor Standards Act (“FLSA”) , 29 U.S.C. §§201-219, requires a public employer who gives an employee compensatory time off instead of overtime pay to allow ...
On April Fool’s Day, 1968, the Supreme Court of New Jersey decided McLaughlin v. Bassing, 51 N.J. 410 (1968). In a one-sentence ruling, the Court reversed the Appellate Division’s dismissal of a personal injury complaint, 100 N.J. Super. 67 (App. ...