Mauthe, M.D., P.C. v. Optum Inc., 925 F.3d 129 (3d Cir. 2019). Plaintiff, a medical practice, received an unsolicited fax from defendants. Defendants maintain a database of healthcare providers, a database that they sell to various entities. To keep the ...
The Port Authority of New York and New Jersey v. The Port Authority of New York and New Jersey Police Benevolent Ass’n, 459 N.J. Super. 278 (App. Div. 2019). Today’s decision by Judge Gibbons Whipple focuses on the question of ...
In re Avandia Marketing, Sales Practices and Products Liability Litigation, 924 F.3d 662 (3d Cir. 2019). This appeal had an unusual subject: whether certain documents that defendant GlaxoSmithKline (“GSK”) had designated as confidential in the District Court, pursuant to a ...
In the last several weeks, this blog has largely focused on Supreme Court decisions and grants of review. That was not meant to slight the Appellate Division, whose judges have made some important rulings as well. Here are summaries of ...
Feuer v. Merck & Co., Inc., 238 N.J. 27 (2019). As discussed here, the Appellate Division, in an opinion by Judge Ostrer that was reported at 455 N.J. Super. 69 (App. Div. 2019), affirmed (after de novo review of the ...
State in the Interest of D.M., 238 N.J. 2 (2019). In this juvenile delinquency case, neither the State nor defendant sought oral argument in the Appellate Division. The State, the respondent in that court, explained that it believed the issues ...
Zahl v. Eastland, 2019 WL 2025237 (App. Div. May 8, 2019). [Disclosure: I argued this appeal for the successful defendants-appellants, having come into the case after the Law Division entered judgment against defendants]. This was a legal malpractice case in ...
Green v. Monmouth University, 237 N.J. 516 (2019). In a unanimous opinion by Justice Fernandez-Vina today, the Supreme Court resolved a case that had divided the Appellate Division, as discussed here. The question involved charitable immunity for an injury sustained ...
Garden State Check Cashing Service, Inc. v. New Jersey Department of Banking and Insurance, 237 N.J. 482 (2019). As discussed here, this was the very first appeal of the current Supreme Court term. Today, in a unanimous opinion by Justice ...
Add two more cases to the Supreme Court’s docket. One of them is before the Court as of right, by virtue of a dissent in the Appellate Division. In the other appeal, the Court granted certification. The first case is ...