Nostrame v. Santiago, 213 N.J. 109 (2013).  When a personal injury plaintiff in a potentially big case switches attorneys, the attorney being replaced may see a potentially large fee disappearing.  It is tempting for that attorney to believe that the new attorney ...

Prime Accounting Dep’t v. Carney’s Point Tp., 212 N.J. 403 (2013).  This tax appeal case came about because the defendant municipality’s tax assessment list showed plaintiff as the owner of the subject property when in fact plaintiff had merely processed taxes on ...

Since today, November 8, is Election Day, what better case could there be to highlight than In re Contest of November 8, 2005, 192 N.J. 546 (2007)?  Not only did that case involve an election on November 8, the Court’s 3-2 ...

Maharaj v. Saint Barnabas Health Care System, 2011 WL 4435080 (App. Div. Sept. 26, 2011).  In this case, the Appellate Division (Judges Carchman and Nugent) reversed a dismissal of the pro se plaintiff’s complaint for failure to state a claim.  The ...

Doe v. Megless, ___ F.3d ___ (3d Cir. 2011).  Federal Rule of Civil Procedure 10(a) requires that the title of a complaint “name all the parties.”  Despite that, in exceptional circumstances, courts have allowed plaintiffs to file complaints using “John Doe” or ...

Nostrame v. Santiago, 420 N.J. Super. 427 (App. Div. 2011).  Many attorneys have seen a potentially lucrative case walk out the door because the client has decided to switch attorneys.  The temptation is to sue someone, perhaps the successor counsel.  That ...

West Penn Allegheny Health System, Inc. v. UPMC,  627 F.3d 85  (3d Cir. 2010).  The standards for a motion to dismiss for failure to state a claim under New Jersey’s Rule 4:6-2(e) make it very difficult for such motions to succeed.  See, e.g., ...