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 ...
Daniels v. Hollister Co., 440 N.J. Super. 359 (App. Div. 2015). Readers of this blog have gotten their fill (including, most recently, here and here) of discussion and analysis of the notion that there is some sort of “class ascertainability” ...
Bohus v. Restaurant.com, Inc., 784 F.3d 918 (3d Cir. 2015). [Disclosure: I argued this appeal for plaintiffs in this case]. Retroactivity of judicial opinions is sometimes a difficult question. The general rule is that judicial decisions are retroactive, not prospective ...
State v. K.P.S., 221 N.J. 266 (2015). Two defendants who had been charged in the same indictment with many of the same crimes sought to suppress certain evidence. The Law Division denied their application. Both defendants were found guilty. Both ...
In re Blood Reagents Antitrust Litigation, 783 F.3d 183 (3d Cir. 2015). In Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013), discussed here, the Supreme Court reversed the 2011 decision of the Third Circuit in Behrend. In that decision, the ...
Torre v. Liberty Mutual Fire Ins. Co., 781 F.3d 651 (3d Cir. 2015). This per curiam opinion deals with insurance coverage for the removal from plaintiffs’ land of Hurricane Sandy-generated debris (sand and other debris) not owned by plaintiffs. The ...
McMaster v. Eastern Armored Services, Inc., 780 F.3d 167 (3d Cir. 2015). Plaintiff Ashley McMaster was a driver and/or guard (some days she drove, and other days she rode as a passenger to provide security) employed by defendant (“Eastern”), an armored ...
Parker v. Poole, 440 N.J. Super. 7 (App. Div. 2015). Appellate decisions that explicate rules of evidence are not frequent. Today’s opinion in this case, written by Judge Hoffman, is such an instance. This was a medical malpractice case. After plaintiff ...
Badiali v. New Jersey Manufacturer’s Insurance Group, 220 N.J. 544 (2015). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represents New Jersey Manufacturers Insurance Company in certain litigation, but the firm had no involvement in this case]. When an insurer wrongfully ...
Fox v. Lincoln Financial Group, 439 N.J. Super. 375 (App. Div. 2015). A man had a life insurance policy on which he designated his sister as beneficiary. He then married, and allegedly promised his new wife that he would name ...