China Agritech, Inc. v. Resh, 138 S.Ct. 1800 (2018). In American Pipe & Const. Co. v. Utah, 414 U.S. 538 (1974), the Supreme Court of the United States announced a rule that the timely filing of a class action tolls ...
Ellis v. Hilton United Methodist Church, 455 N.J. Super. 33 (App. Div. 2018). The opinion in this case, issued today, involved a slip and fall on a sidewalk that abutted a vacant church. Plaintiff sued two church defendants and, before ...
Rotkiske v. Klemm, 890 F.3d 422 (3d Cir. 2018). The Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq. (“FDCPA”), states that an action to enforce liability thereunder may be brought “within one year from the date on which ...
Morris v. T.D. Bank, 454 N.J. Super. 203 (App. Div. 2018). This case arose out of a robbery at a T.D. Bank in Union, New Jersey. Plaintiff, an African-American man, was waiting before a teller to make a withdrawal. Another ...
Empower our Neighborhoods v. Guadagno, 453 N.J. Super. 565 (App. Div. 2018). This was an election case under the federal and New Jersey civil rights acts, both of which provide attorneys’ fee-shifting in favor of a prevailing plaintiff. At the ...
Estate of Yearby v. Middlesex County, 453 N.J. Super. 388 (App. Div. 2018). Today’s snowstorm offered the opportunity to circle back, belatedly, to this opinion by Judge Fuentes, which was issued on February 27. Plaintiffs’ decedent, who was allegedly mentally ...
MacDonald v. Cashcall, Inc., 883 F.3d 220 (3d Cir. 2018). There have been some outlandish circumstances in decisions involving arbitration, especially in the class action context. But today’s case, a putative class action in which Judge Shwartz wrote a wise ...
Lee v. Brown, 232 N.J. 114 (2018). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represented certain defendants in this case who were dismissed from the case on motion prior to the appeal that is the subject of this post] Today’s ...
Green v. Monmouth University, 452 N.J. Super. 542 (App. Div. 2018). Today’s opinion by Judge Leone affirmed summary judgment in favor of defendant Monmouth University under the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11 (“the Act”). Judge Ostrer joined in ...
Pollack v. Quick Quality Restaurants, Inc., 452 N.J. Super. 174 (App. Div. 2017). The first paragraph of Judge Gibbons Whipple’s opinion for the Appellate Division well encapsulated what this appeal was about. “In this appeal, as an issue of first ...