Templin v. Independence Blue Cross, 785 F.3d 861 (3d Cir. 2015). “A party seeking attorney’s fees under ERISA [the Employees Retirement Income Security Act] must show ‘some success’ on the merits. Here, the District Court incorrectly defined ‘some success’ by ...
New Jersey Healthcare Coalition v. New Jersey Dep’t of Banking & Insurance, 440 N.J. Super. 129 (App. Div. 2015). According to today’s opinion by Judge Reisner, every few years “health care providers and other interested parties” file suit to contest ...
Tumpson v. Farina, 218 N.J. 450 (2014). [Disclosure: Victor A. Afanador and Jeffrey A. Shooman, my colleagues at Lite DePalma Greenberg, LLC, represented the municipal defendants in this case]. The Appellate Division in this matter, in an opinion discussed here and reported at ...
Casal v. Hyundai Motor America, 436 N.J. Super. 296 (App. Div. 2014). In this case under the Lemon Law, N.J.S.A. 56:12-32(a)(1), which includes a fee-shifting provision for successful claimants, the issue on appeal related to attorneys’ fees. As Judge Higbee ...
Octane Fitness, LLC v. Icon Health & Fitness, Inc., ___ U.S. ___ (2014), and Highmark Inc. v. Allcare Health Mgmt. System, Inc., ___ U.S. ___ (2014). New Jersey is a hotbed of patent and other intellectual property litigation, in part ...
Law v. Siegel, ___ U.S. ___ (2014). Outrageous behavior of a litigant deserves to be punished. That is why provisions such as Federal Rule of Civil Procedure 11 and a comparable bankruptcy rule, Federal Rule of Bankruptcy Procedure 9011, among ...
Feliciano v. Faldetta, 434 N.J. Super. 543 (App. Div. 2014). Rule 4:58-1 allows a plaintiff to make an offer of judgment. If the defendant does not accept the offer, and the plaintiff then tries the case and achieves an award ...
Dewey v. Volkswagen, A.G., 2014 U.S. App. LEXIS 2596 (3d Cir. Feb. 12, 2014). In Dewey v. Volkswagen, A.G., 681 F.3d 170 (3d Cir. 2012), the Third Circuit reversed approval of a class action settlement in a case involving allegedly ...
DeMarco v. Stoddard, 434 N.J. Super. 352 (App. Div. 2014). In P.V. v. Camp Jaycee, 197 N.J. 132 (2008), discussed here, the Supreme Court replaced the “governmental interest test” that had guided choice of law decisions with the “most significant relationship” test ...
Ray Haluch Gravel Co. v. Central Pension Fund, ___ U.S. ___ (2014). In New Jersey state court, if attorneys’ fee issues remain to be adjudicated, any judgment entered is considered interlocutory, not final, until the fee issue is resolved. See, ...