On this date in 1999, the Supreme Court decided DeHanes v. Rothman, 158 N.J. 90 (1999). There, in a unanimous opinion by Justice O’Hern, the Court held that it was proper for an attorney to suggest to a jury an ...
Henebema v. South Jersey Transportation Authority, 430 N.J. Super. 485 (App. Div. 2013). The key issue in this case, in which the opinion of the Appellate Division was written by Judge Fasciale, was whether a judge or a jury is to decide “whether defendants ...
Warren Hospital v. John Does, 430 N.J. Super. 225 (App. Div. 2013). In Dendrite Int’l, Inc. v. Doe No. 3, 342 N.J. Super. 134 (App. Div. 2001), the Appellate Division laid out a four-part test for determining when a plaintiff who is ...
Caprio v. Healthcare Revenue Recovery Group, LLC, 709 F.3d 142 (3d Cir. 2013). The Fair Debt Collection Practices Act, 15 U.S.C. §1692g (“FDCPA”), requires debt collectors to include in collection letters a “debt validation notice” that advises the debtor of the right to ...
Rosen v. Continental Airlines, Inc., 430 N.J. Super. 97 (App. Div. 2013). The holding of this decision affirmed a defense motion to dismiss this putative class action case for failure to state a claim. Plaintiff had bought a headset from defendant on an airline flight. Defendant had stated at ...
Division of Youth & Family Servs. v. A.L., 213 N.J. 1 (2013). When A.L. was admitted to the hospital to give birth to her son, A.D., she tested positive for cocaine. The hospital tested A.D.’s urine two hours after his birth, and ...
Nielsen v. Wal-Mart Store #2171, 429 N.J. Super. 251 (App. Div. 2013). Defendant Wal-Mart Store #2171 owned a unit in a multi-unit condominium development owned by another defendant. Plaintiff was an employee of an independent contractor whom Wal-Mart hired to do pest ...
L&W Supply Corp. v. DeSilva, 429 N.J. Super. 179 (App. Div. 2012). In Craft v. Stevenson Lumber Yard, Inc., 179 N.J. 56 (2004), the Supreme Court ruled that a supplier of materials who seeks to file a construction lien must apply payments ...
Santiago v. New York & New Jersey Port Authority, 429 N.J. Super. 150 (App. Div. 2012). N.J.S.A. 32:1-163 states that “in the case of any suit, action or proceeding for the recovery or payment of money [against the Port Authority of New ...
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 ...