Litman v. Cellco Partnership, 655 F.3d 225 (3d Cir. 2011). In AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), a 5-4 majority of the Supreme Court of the United States rejected a California rule that often invalidated class action waivers in ...
In re Mushroom Direct Purchaser Antitrust Litig., 655 F.3d 158 (3d Cir. 2011). Under Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949), certain rulings that are not final may be appealed immediately nonetheless. This is the “collateral order doctrine.” There are ...
Drinker Biddle & Reath LLP v. New Jersey Dep’t of Law & Public Safety, 421 N.J. Super. 489 (App. Div. 2011). Under settled caselaw, litigation discovery that is not filed with the court during the course of a case will normally remain confidential against requests by ...
Hehre v. DeMarco, 421 N.J. Super. 501 (App. Div. 2011). Plaintiff, a student at Holy Spirit High School, was injured in an auto accident while being driven to a school-sponsored track meet by a fellow student-athlete at the school. Holy Spirit High ...
Chief Justice Rabner today elevated Judge John C. Kennedy to the Appellate Division, effective on September 1. Judge Kennedy currently sits in the Civil Division, Essex County. He had served in the Criminal Division since being appointed to the bench ...
O’Boyle v. District I Ethics Committee, 421 N.J. Super. 457 (App. Div. 2011). Judge Axelrad’s opinion in this case begins as follows: “Rule 1:20-3(h) provides that in cases where a grievance that was found by the district ethics committee to allege unethical behavior ...
Smith v. JCP&L, 421 N.J. Super. 374 (App. Div. 2011). This opinion, authored by Judge Skillman, addresses a number of interesting issues involving inverse condemnation, nuisance, and other things. From an appellate practice perspective, however, the case is of interest because it ...
Willingboro Mall, Ltd. v. 240/242 Franklin Avenue, LLC, 421 N.J. Super. 445 (App. Div. 2011). Normally, any settlement, even an oral settlement agreement, can be enforced. The question in this case was whether a settlement agreement reached orally at a mediation could ...
Futterman v. Board of Review, 421 N.J. Super. 281 (App. Div. 2011). This case arose out of the 2009 agreement between the Christie administration and the union that represents state workers, in which the State agreed not to lay off ...
Gupta v. Asha Enterprises, LLC, 422 N.J. Super. 136 (App. Div. 2011). Many religious believers have dietary restrictions. When they purchase food that is represented as being acceptable under those dietary laws, they expect that those representations are true. But ...