Rockaway Shoprite Associates, Inc. v. City of Linden, 424 N.J. Super. 337 (App. Div. 2011). For many years, a large General Motors assembly plant occupied a 47.5 acre site in Linden. Eventually, General Motors closed that plant. The property sat ...
Delalla v. Hanover Insurance, 660 F.3d 180 (3d Cir. 2011). The federal removal statute, 28 U.S.C. §1446(b), obligates a defendant who wishes to remove to federal court a case filed in state court to file removal papers within 30 days of the ...
Riley v. New Jersey State Parole Bd., 423 N.J. Super. 224 (App. Div. 2011). The Constitutions of both the United States and New Jersey contain provisions that ban ex post facto laws. Few cases arise under those provisions. Here, however, the issue ...
Trump v. O’Brien, ___ N.J. Super. ___ (App. Div. 2011). Donald Trump normally enjoys publicity. Tim O’Brien, a financial reporter, wrote a book about Trump that stated, among other things, that Trump’s true net worth was significantly less than Trump ...
Today’s Star-Ledger contained an obituary of Elizabeth Bernoskie. She was the widow of Rahway police officer Charles Bernoskie, who was killed in the line of duty in 1958. Forty years later, Mrs. Bernoskie won a multi-million dollar jury verdict against ...
Kieffer v. High Point Ins. Co., 422 N.J. Super. 38 (App. Div. 2011). This matter involves three consolidated cases. In each, one or more insureds sued their auto insurer after their cars had been fully repaired following an accident. Plaintiffs in each case asserted, ...
Doe v. Megless, ___ F.3d ___ (3d Cir. 2011). Federal Rule of Civil Procedure 10(a) requires that the title of a complaint “name all the parties.” Despite that, in exceptional circumstances, courts have allowed plaintiffs to file complaints using “John Doe” or ...
Local Baking Products, Inc. v. Kosher Bagel Munch, Inc., 421 N.J. Super. 268 (App. Div. 2011). The Telephone Consumer Protection Act, 47 U.S.C. §227 (“TCPA”), prohibits the sending of unsolicited faxes. The TCPA allows recipients of unwanted faxes to sue ...
Badalamenti v. Simkiss, 422 N.J. Super. 86 (App. Div. 2011). Advocates of “tort reform” like to complain that New Jersey courts will allow anyone to proceed, or even to recover, on any type of tort claim. This decision, written by ...
Canter v. Lakewood of Voorhees, 420 N.J. Super. 508 (App. Div. 2011). Under cases such as State v. Ventron, 94 N.J. 473 (1983), a court may, in proper circumstances, “pierce the veil” of a corporation and hold owners of that corporation liable ...