At this time of the year, our Supreme Court and Appellate Division go relatively quiet. But the Third Circuit often reaches a peak. Today, for example, that court issued five published opinions. Here are summaries: Association of New Jersey Rifle ...
Pickett v. Moore’s Lounge, 464 N.J. Super. 549 (App. Div. 2020). This was an insurance coverage case. Plaintiff’s decedent was shot to death at the defendant tavern by another patron following an argument. After settling with other defendants, plaintiff sought ...
Premier Comp Solutions, LLC v. UPMC, 730 F.3d 316 (3d Cir. 2020). Under Rule 15 of the Federal Rules of Civil Procedure, amendments to pleadings are liberally granted. But when a Scheduling Order sets a deadline for amending pleadings, Rule ...
Repko v. Our Lady of Lourdes Medical Center, Inc., 464 N.J. Super. 570 (App. Div. 2020). Judge Accurso’s brief opinion in this case today addressed a “question [that] appears to be one of first impression in New Jersey”: whether a ...
State v. Andrews, 243 N.J. 447 (2020). In a 4-3 decision that produced lengthy majority and dissenting opinions, the Supreme Court held that it does not violate a criminal defendant’s Fifth Amendment protection against self-incrimination or any New Jersey statutory ...
The power outage resulting from last week’s storm put a crimp in much of that week. So it is time once again to catch up with our Supreme Court and Appellate Division, each of whom took highly consequential actions during ...
Seigelstein v. Shrewsbury Motors, Inc., 464 N.J. Super. 393 (App. Div. 2020). When class action cases settle with a benefit to the class, class counsel, who normally handle those cases on a wholly contingent basis, are entitled to a fee. ...
Bank Leumi USA v. Kloss, 243 N.J. 218 (2020). As discussed here, this was a case involving a certified question from the Third Circuit Court of Appeals, and for the second time in the last month, Justice Fernandez-Vina wrote the ...
Arafa v. Health Express Corp., 243 N.J. 147 (2020). Justice Fernandez-Vina’s opinion today actually involved two consolidated cases, both of which were putative class actions. The issue was whether a contract that the Federal Arbitration Act, 9 U.S.C. 1 et ...
Baskin v. Martinez, 243 N.J. 112 (2020). This Civil Rights Act case involved what Justice Albin, writing for the four-Justice majority, labeled a claim that “a justifiable police chase ended in an unjustifiable police shooting– the use of excessive force ...