Mernick v. McCutchen, 442 N.J. Super. 196 (App. Div. 2015). This appeal presented a discovery issue in an auto accident case. Defendants had taken surveillance video of the injured plaintiff. Plaintiff demanded that the video be produced in discovery before ...
Lincoln Benefit Life Co. v. AEI Life, LLC, 800 F.3d 99 (3d Cir. 2015). For a single judge on a three-judge Third Circuit panel to issue a concurring opinion is not unusual, as in this recent example. Occasionally, two out ...
In re Tribune Media Company, 799 F.3d 272 (3d Cir. 2015). Roughly one month ago, Judge Krause authored a powerful concurring opinion in In re One2One Communications, LLC, 805 F.3d 428 (3d Cir. 2015), that criticized the bankruptcy doctrine of ...
State v. Buckner, 223 N.J. 1 (2015). In one of the biggest cases of the current the Supreme Court term, the Court today upheld the practice of permitting retired judges to serve temporarily on recall. The vote was 5-1. Chief ...
Fernandes v. DAR Development Corp., 222 N.J. 390 (2015). Kane v. Hartz Mountain Industries, Inc., 278 N.J. Super. 129 (App. Div.1994), aff’d o.b., 143 N.J. 141 (1996), ruled that the comparative negligence of an employee who is injured in a ...
In re One2One Communications, LLC, 805 F.3d 428 (3d Cir. 2015). This post about In re Semicrude, L.P., 728 F.3d 314 (3d Cir. 2013), which discussed the bankruptcy doctrine of equitable mootness noted that “the Third Circuit is not wild ...
Evankavitch v. Green Tree Servicing, LLC, 793 F.3d 355 (3d Cir. 2015). “[A]bsent compelling reasons to the contrary, a party seeking shelter in an exception to the statute has the burden of proving it.” So stated Judge Krause in the ...
Cypress Point Condominium Ass’n, Inc. v. Adria Towers, LLC, 441 N.J. Super. 369 (App. Div. 2015). A condominium association sued multiple parties, including insurers under commercial general liability (“CGL”) insurance policies, for consequential damages arising out of defective construction work ...
Jensen v. Pressler & Pressler, 791 F.3d 413 (3d Cir. 2015). Plaintiff defaulted on a credit card debt. The debt was sold, and the buyer attempted to collect on it. After obtaining a default judgment, the buyer served plaintiff with ...
On this date in 2008, the Supreme Court issued its opinion in Sinclair v. Merck & Co., Inc., 195 N.J. 51 (2008). In that case, a majority of the Court, speaking through Justice Wallace, held that “the definition of harm ...