The Litigation Privilege Applies to Statements, Not to Omissions in Notices of Intent to Foreclose

Wright v. Bank of America, N.A., 456 N.J. Super. 328 (App. Div. 2018).  This short opinion by Judge Fisher reversed a decision of the Law Division that dismissed plaintiff’s Complaint under the Truth in Consumer Contract, Warranty, and Notice Act, ...

Another Consumer Arbitration Clause Case, and a Criminal Appeal, for the Supreme Court

The Supreme Court has granted certification in two new cases.  The first is yet another matter involving whether and when consumer disputes can be forced into arbitration.  That case (actually, two consolidated cases) is Goffe v. Foulke Management Corp.  The ...

Big Pharma Wins in Another Supreme Court Accutane Decision

In re Accutane Litigation, 235 N.J. 229 (2018).  [Disclosure:  I argued this appeal, together with co-counsel, on behalf of the plaintiffs.  The opinions expressed in this post are mine alone, and are not attributable to or necessarily reflective of the ...

The First Two Supreme Court Grants of Review of the New Term

The Supreme Court announced that it has granted certification in two cases.  These are the first grants (Nos. A-1 and A-2) of the current Term. The first appeal is Garden State Check Cashing Service, Inc. v. New Jersey Dep’t of ...

Tax Sale Certificate Antitrust Class Action Litigation Settlement is Affirmed, and Decision Permitting Appeal Bond to Include Administrative Expenses is Upheld

In re New Jersey Tax Sales Certificates Antitrust Litigation, 750 Fed. Appx. 73 (3d Cir. Sept. 6, 2018).  [Disclosure:  I am among the plaintiffs’ leadership team in this matter].  In this hotly-contested class action case, which began in 2012, plaintiffs ...

“Deemed Adopted” Administrative Law Judge Disciplinary Decision Gets the Same Deference on Appeal as Agency’s Imposition of Discipline or Trial Court’s Sentencing Decision

In re Hendrickson, 235 N.J. 145 (2018).  This first Supreme Court opinion of the current Term is by Justice Albin.  The opening paragraphs of his ruling concisely and completely describe what the case is about, what the result is, and ...

House Judiciary Committee Votes for Live Streaming of U.S. Supreme Court and Circuit Court of Appeals Oral Arguments

The House Judiciary Committee, by a voice vote, advanced the Judiciary Reforms, Organizational and Modernization Act of 2018, known as “the Judiciary ROOM Act.”  The bill number is H.R. 6755.  Among many other things, along with adding new District Judges ...

Software Relied on by Appraisal Experts in Tax Appeals Must be Shown to be Reliable

Palisadium Managemen Corp. v. Borough of Cliffside Park, 456 N.J. Super. 293 (App. Div. 2018).  This opinion by Judge Accurso involved an appeal from decisions of the Tax Court that rejected plaintiff’s challenge to tax assessments on its properties.  There ...

“Wants” vs. “Needs” and the Fair Housing Amendments Act

Vorchheimer v. The Philadelphian Owners Association, 903 F.3d 100 (3d Cir. 2018).  Today’s opinion by Judge Bibas focuses on what is “necessary” for purposes of the Fair Housing Amendments Act, 42 U.S.C. §3604(f).  That section prohibits discrimination against any person ...

SLUSA Does Not Bar Investors’ Claims That Broker Overcharged Them to Execute Securities Transactions

Taksir v. The Vanguard Group, 903 F.3d 95 (3d Cir. 2018).  As relevant to this appeal, the Securities Litigation Uniform Standards Act of 1998, 15 U.S.C. §78bb (“SLUSA”), states that “[n]o covered class action based upon the statutory or common ...