Alloco v. Ocean Beach and Bay Club, 456 N.J. Super. 124 (App. Div. 2018). This opinion by Judge Leone focuses on the business judgment rule and its applicability in the context of a planned residential community. As Judge Leone showed, ...
Montclair State University v. County of Passaic, 234 N.J. 434 (2018). This case centered on the proper application of Rutgers v. Piluso, 60 N.J. 142 (1972). As discussed here, in connection with the Appellate Division’s opinion in this case, which ...
In re Accutane Litigation, 234 N.J.340 (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 views ...
Adorers of the Blood of Christ v. Federal Energy Regulatory Commission, 897 F.3d 187 (3d Cir. 2018). Transcontinental Gas Pipe Line Company, LLC (“Transco”) obtained a certificate of public convenience to build a gas pipeline from the Federal Energy Regulatory ...
Sconiers v. United States, 896 F.3d 595 (3d Cir. 2018). Under the Federal Tort Claims Act, 28 U.S.C. §2401(b) (“FTCA”), a tort claim against the United States is “forever barred unless it is presented in writing to the appropriate Federal ...
Little v. Kia Motors America, Inc., 455 N.J. Super. 411 (App. Div. 2018). Class actions notoriously take a long time. But the case in which Judge Koblitz issued a decision for her Appellate Division panel today is nearly old enough ...
McDaid v. Aztec West Condominium Association, 234 N.J. 130 (2018). As Jutice Albin stated in the first two sentences of today’s opinion for a unanimous Supreme Court, “Res ipsa loquitur is an equitable doctrine that allows, in appropriate circumstances, a ...
Walsh v. Defenders, Inc., 894 F.3d 583 (3d Cir. 2018). The “local controversy” exception to federal jurisdiction over putative class actions under the so-called Class Action Fairness Act of 2005, 28 U.S.C. §1332(d) (“CAFA”), requires certain uniquely local cases that were ...
MTK Food Services, Inc. v. Sirius America Ins. Co., 455 N.J. Super. 307 (App. Div. 2018). In McCarrell v. Hoffman-LaRoche, Inc., 227 N.J. 569 (2017), discussed here, the Supreme Court adopted section 142 of the Restatement (Second) of Conflicts of ...
Brunt v. Board of Trustees, Police & Firemen’s Retirement System, 455 N.J. Super. 357 (App. Div. 2018). In general, except as specified by statute, court rule, or a contract between parties, New Jersey follows the “American Rule,” under which litigants ...