Bellevue Drug Co. v. Caremark SPCS, 700 F.3d 109 (3d Cir. 2012). This was an antitrust class action. Plaintiffs, who are retail pharmacy businesses, and defendant, who is a prescription benefits manager for drug benefit plans, entered into written agreements under which plaintiffs would provide prescription ...
Gonzalez v. State of New Jersey Apportionment Comm’n, ___ N.J. Super. ___ (App. Div. 2012). The Tea Party has had little electoral success in New Jersey. Its efforts to achieve its ends by litigation have also not met with success. ...
State v. Lenihan, 427 N.J. Super. 499 (App. Div. 2012). Would it not seem “obvious” that N.J.S.A. 39:3-76.2f, New Jersey’s “seatbelt law,” is intended to protect the public health and safety? A Law Division judge found that “obvious.” But that ...
McDougall v. Lamm, 211 N.J. 203 (2012). In Portee v. Jaffee, 84 N.J. 88 (1980), the Supreme Court established limited circumstances under which a person who observes the negligently-caused death or serious injury of another person with whom that person ...
DePascale v. State of New Jersey, 211 N.J. 40 (2012). Article VI, section 6, paragraph 6 of the New Jersey Constitution states that “[t]he Justices of the Supreme Court and the Judges of the Superior Court shall receive for their ...
Makutoff v. Board of Review, 427 N.J. Super. 218 (App. Div. 2012). Plaintiff, a Canadian citizen, was employed in this country under a limited work authorization issued by the Department of Homeland Security(“DHS”) pursuant to the North American Free Trade ...
In re Michael Calabrese, Jr., 689 F.3d 312 (3d Cir. 2012). Most issues of statutory interpretation can be resolved either by the plain language of the statute, by an analysis of legislative history, or by persuasive decisions of other courts on ...
In re Pelvic Mesh-Gynecare Litig., 426 N.J. Super. 167 (App. Div. 2012). In this mass tort matter involving medical devices that are used to treat pelvic organ prolapse and stress urinary incontinence, the Law Division barred defendants from using as an expert witness ...
Beim v. Hulfish, 427 N.J. Super. 560 (App. Div. 2012). The first paragraph of this very interesting opinion by Judge Harris, in an auto accident case, well encapsulates the novel issue presented: “This appeal arises in connection with the Wrongful Death Act, ...
W.J.A. v. D.A., 210 N.J. 229 (2012) (later-issued corrected opinion appears here). The doctrine of “presumed damages” allows plaintiffs in defamation cases to obtain damages even without a showing of actual harm to the plaintiff’s reputation. In slander cases (other than those involving ...