Delalla v. Hanover Insurance, 660 F.3d 180 (3d Cir. 2011). The federal removal statute, 28 U.S.C. §1446(b), obligates a defendant who wishes to remove to federal court a case filed in state court to file removal papers within 30 days of the ...
Raspavolo v. New Jersey State Police, 2011 WL 2848475 (App. Div. Sept. 20, 2011). Plaintiff appealed the January 22, 2010 denial of his motion to vacate a previously entered dismissal of his complaint for failure to state a claim. In an ...
Today’s Star-Ledger contained an obituary of Elizabeth Bernoskie. She was the widow of Rahway police officer Charles Bernoskie, who was killed in the line of duty in 1958. Forty years later, Mrs. Bernoskie won a multi-million dollar jury verdict against ...
Cable v. Rodig, 2011 WL 3425570 (App. Div. Aug. 8, 2011). In order for an appellate court to understand what happened below, and to review those goings-on, the appellate court needs the full transcript of those proceedings (absent an application ...
The Supreme Court of New Jersey has adopted changes to two appellate rules. Both changes will go into effect on September 1, 2011. First, the list of judgments deemed to be final under Rule 2:2-3 now includes orders on preliminary ...
Raverta v. Lake Mohawk Golf Club, 2011 WL 3207945 (App. Div. July 29, 2011). Rule 4:6-2(e) allows a defendant to move to dismiss a complaint for failure to state a claim. That Rule contemplates, however, that (with some exceptions not relevant ...
K.L.G. v. D.M.., 2011 WL 2321404 (App. Div. June 29, 2011). Rule 2:9-1(a) provides that once a notice of appeal is filed, “supervision and control” of the case pass to the Appellate Division. As this per curiam opinion states, at that point, ...
Risko v. Thompson Muller Automotive Group, Inc., 206 N.J. 506 (2011). This case came to the Supreme Court because of improper remarks made by plaintiff’s counsel in his trial summation. The case was a slip and fall that caused plaintiff’s ...
Ott v. Guardian Protective Services, Inc.., 2011 WL 2297783 (App. Div. May 24, 2011). Final orders are immediately appealable, while interlocutory orders, which do not conclusively resolve all issues as to all parties, are interlocutory and not appealable without leave. In this case, a per ...
Kent Motor Cars, Inc. v. Reynolds & Reynolds Co., 207 N.J. 428 (2011). Rule 4:5-1(b)(2) requires the first pleading of each party to disclose the names of any non-party who should be joined in the case or who has potential ...