New Jersey Department of Children & Families v. E.L., 454 N.J. Super. 10 (App. Div. 2018). Courts often give public entity parties more leeway in complying with rules, court orders, and the like than private parties are given. Sometimes Court ...
State Farm Guaranty Ins. Co. v. Hereford Ins. Co., 454 N.J. Super. 1 (App. Div. 2018). Following an auto accident, the two insurance company parties to this appeal had a dispute about the reimbursement of personal injury protection (“PIP”) benefits. ...
T.L. v. Goldberg, 453 N.J. Super. 539 (App. Div. 2018). The Appellate Division split 2-1 in this medical malpractice case. The issue was whether the defendant doctor’s unexpected change in his sworn testimony, from an interrogatory answer that stated that ...
Empower our Neighborhoods v. Guadagno, 453 N.J. Super. 565 (App. Div. 2018). This was an election case under the federal and New Jersey civil rights acts, both of which provide attorneys’ fee-shifting in favor of a prevailing plaintiff. At the ...
State of New Jersey in the Interest of N.P., 453 N.J. Super. 480 (App. Div. 2018). This decision by Judge Messano addresses four appeals involving seven different juveniles. The broad issue presented was “whether a juvenile complaint charging a crime ...
Estate of Yearby v. Middlesex County, 453 N.J. Super. 388 (App. Div. 2018). Today’s snowstorm offered the opportunity to circle back, belatedly, to this opinion by Judge Fuentes, which was issued on February 27. Plaintiffs’ decedent, who was allegedly mentally ...
Baez v. Paulo, 453 N.J. Super. 422 (App. Div. 2018). This was a medical malpractice/wrongful death case. The Law Division had precluded plaintiff from adding three doctors as defendants after the statute of limitations had expired, ruling that plaintiff had ...
MacDonald v. Cashcall, Inc., 883 F.3d 220 (3d Cir. 2018). There have been some outlandish circumstances in decisions involving arbitration, especially in the class action context. But today’s case, a putative class action in which Judge Shwartz wrote a wise ...
Lee v. Brown, 232 N.J. 114 (2018). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represented certain defendants in this case who were dismissed from the case on motion prior to the appeal that is the subject of this post] Today’s ...
Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts in recent weeks. Here is a belated, and far from ...