Baskin v. P.C. Richard & Son, LLC, ___ N.J. ___ (2021). [Disclosure: I am one of the counsel for the successful plaintiffs in this matter]. In this case, the Appellate Division affirmed the dismissal, for failure to state a claim, ...
Donald J. Trump for President, Inc. v. Secretary, Commonwealth of Pennsylvania, ___ Fed. Appx. ___ (3d Cir. 2020). This blog does not often cover non-precedential decisions of appellate courts. But today’s opinion by Judge Bibas (a Trump appointee), in which ...
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 ...
Garrett v. Wexford Health, 938 F.3d 69 (3d Cir. 2019). This appeal was brought by a prisoner who claimed, as Chief Judge Smith summarized it, that “were deliberately indifferent to his serious medical needs and that they retaliated against him.” ...
Hassan v. City of New York, 804 F.3d 277 (3d Cir. 2015). This opinion by Judge Ambro yesterday is one of the most important decisions that the Third Circuit has made in some time. The case involves New York City ...
A.A. v. Gramiccioni, 442 N.J. Super. 276 (App. Div. 2015). It is unusual for a plaintiff to be permitted to use only initials in filing a complaint. As Judge Simonelli explained in this opinion, “[a]bsent a statute or court rule ...
Ricketti v. Barry, 775 F.3d 661 (3d Cir. 2015). State court judges see a lot of New Jersey’s entire controversy doctrine (“ECD”). Some federal judges, not so much. This opinion, issued yesterday by the Third Circuit, reversed a dismissal of ...
Dart Cherokee Basin Operating Co., LLC v. Owens, ___ U.S. ___ (2014). This case reached a fairly simple conclusion: a notice of removal that removes to federal court a putative class action need not contain evidence to support a claim that ...
JB Pool Management, LLC v. Four Seasons at Smithville Homeowners Ass’n, Inc., 431 N.J. Super. 233 (App. Div. 2013). Plaintiff, a pool management company, contracted with defendant condominium association to supply lifeguards and maintenance service for the association’s indoor pool. During the ...
Standard Fire Ins. Co. v. Knowles, 133 S.Ct. 1345 (2013). Class action plaintiffs often prefer, for strategic or tactical reasons, to bring their cases in state courts, while class action defendants normally favor federal courts. As a result, when plaintiffs bring class ...