In re Arthur Baldwin, 700 F.3d 122 (3d Cir. 2012). This was an adversary proceeding in bankruptcy, involving claims of breach of the fiduciary duty of care and loyalty, and deepening insolvency, against sixteen former officers and directors of the debtor, a ...
Machado-Rodriguez v. Shinseki, 700 F.3d 48 (1st Cir. 2012). This was an employment discrimination case, a type of lawsuit that the First Circuit Court of Appeals recognized is often complex. Summary judgment was granted against the employee, who appealed to the First Circuit. But ...
House of Fire Christian Church v. Clifton Bd. of Adj., 426 N.J. Super. 157 (App. Div. 2012). The Appellate Division has repeatedly admonished parties, attorneys, and trial level judges that it is improper to certify as final, under Rule 4:42-2, an order that is purely ...
CTC Demolition Co., Inc. v. GMH AETC Management, 424 N.J. Super. 1 (App. Div. 2012). The “first-filed” rule of comity says that, as a general notion, the court that first acquires jurisdiction over a matter takes precedence over another court that acquires jurisdiction ...
Judge Feinberg’s decision yesterday finding unconstitutional a law that purported to increase the amount that sitting Superior Court judges and Supreme Court Justices must pay toward their pensions and health care has already aroused the predictable uninformed response from talk radio personalities and others. ...
Baskett v. Cheung, 422 N.J. Super. 377 (App. Div. 2011). The facts of this case, detailed in the opinion of Judge Harris for this appellate panel, were about as egregious as they come. Plaintiffs’ original counsel had an internal office communications snafu, resulting ...
Jatczyszyn v. Marcal Paper Mills, Inc., ___ N.J. Super. ___ (App. Div. 2011). The key issue in this case involves how to calculate the discovery period permitted by the Court Rules in a circumstance where the case was removed to federal court by the defendant ...
Lombardi v. Masso, 207 N.J. 517 (2011). In this case, a Law Division judge granted summary judgment to certain defendants. The judge then denied plaintiff’s motion for reconsideration. Another defendant had defaulted. After hearing the evidence against that defendant at a proof ...
Willingboro Mall, Ltd. v. 240/242 Franklin Avenue, LLC, 421 N.J. Super. 445 (App. Div. 2011). Normally, any settlement, even an oral settlement agreement, can be enforced. The question in this case was whether a settlement agreement reached orally at a mediation could ...
Open MRI & Imaging v. Mercury Ins. Group, 421 N.J. Super. 160 (App. Div. 2011). N.J.S.A. 2A:23A-18b, p;art of the Alternative Procedures for Dispute Resolution Act (“APDRA”), provides that “[u]pon the granting of an order confirming, modifying or correcting an [APDRA] ...