Taylor v. Community Medical Center, 2011 WL 181370 (App. Div. Jan. 21, 2011).  This was an appeal by a plaintiff in a medical malpractice matter.  Her complaint was dismissed for failure to comply with the Affidavit of Merit statute, N.J.S.A. ...

Nead v. Union Cty. Educ. Servs. Comm’n, 2011 WL 166205 (App. Div. Jan. 20, 2011).  This case, which resulted in a reversal of a trial court’s decision to dismiss an employment discrimination case, teaches several things about motions for reconsideration.  First, the decision clarifies that motions ...

State v. Ciancaglini, 204 N.J. 597 (2011).  This case posed the question of whether a violation of the breathalyzer refusal statute, N.J.S.A. 39:4-50.4a, can be used to enhance a conviction under the DWI statute, N.J.S.A. 39:4-50.  The two statutes are separate enactments but ...

Allen v. LaSalle Bank, N.A., 629 F.3d 364 (3d Cir. 2011).  Circuit Courts outside the Third Circuit have split on the question of whether a communication from a debt collector to a consumer’s attorney, as opposed to the consumer himself or herself, ...

The courts are closed today for Martin Luther King, Jr. Day.  That may mean that there is some time to check out the recently updated version of the New Jersey Judiciary’s website, www.njcourtsonline.com.  That site got a new look as ...

Oceanside Charter School v. New Jersey Dep’t of Education, 418 N.J. Super. 1 (App. Div. 2011).  On the merits, this decision, written by Judge Carchman, stands for a simple proposition:  a recipient of government-granted funds who does not comply with the ...

Barefoot Architect, Inc. v. Bunge, 632 F.3d 822 (3d Cir. 2011).  This was a group of appeals in a Virgin Islands case that involved, among other things, copyright, Lanham Act, and common law claims, including a claim for tortuous interference.  (Yes, the ...

Cooper University Hospital v. Sebelius, 396 Fed. Appx. 854 (3d Cir. Oct. 12, 2010).  It is rare for a published Third Circuit decision simply to adopt an opinion of the district court.   Here, however, Judge Barry, writing for a unanimous Third Circuit ...

Abbott v. Burke, 2011 WL 1990554 (2011).  On January 5, 2011, the Supreme Court heard oral argument in the latest of the many rounds of this case, which involves the constitutionally-required level of funding for schools.  The issue on this particular appeal ...

Price v. Hudson Heights Development, LLC, 417 N.J. Super. 462 (App. Div. 2011).  The appellant, a frequent objector to development who has also often been successful, pro se, in his objections, won his case below.  However, he was unhappy with the lower ...