Holtham v. Lucas, 460 N.J. Super. 308 (App. Div. 2019). As Judge Ostrer noted in the first sentence of his opinion in this case today, “[a]ccording to well-settled contract law, a provision that stipulates an unreasonably large amount of damages ...
G.A.-H. v. K.G.G., 238 N.J. 401 (2019). As noted here, the Supreme Court granted review in this case to address this issue: “Is an individual subject to tort liability for purportedly failing to alert a victim or alert authorities that ...
Last week, the Appellate Division issued four published opinions on a single day, as discussed here. Today, the court released three published decisions. Here are summaries of those opinions: New Jersey Div. of Child Protection & Permanency v. B.H., 460 ...
S.L.W. v. New Jersey Div. of Pensions & Benefits, 238 N.J. 385 (2019). The statute governing the police and firemen’s retirement system (“PFRS”) makes children and widowed spouses of police and firefighters who die after retirement eligible to receive survivor ...
On most days, the Appellate Division issues a significant number of opinions. But on many of those days, there are no published opinions among them, or only one or two such opinions. Yesterday, however, the Appellate Division issued four published ...
T.L. v. Goldberg, 238 N.J. 218 (2019). The issue in this medical malpractice case was whether plaintiff was entitled to a new trial because defendant, without objection by plaintiff, offered trial testimony that was inconsistent with his discovery responses. That ...
On May 30, 2001, the Supreme Court decided Packard-Bamberger & Co. v. Collier, 167 N.J. 427 (2001). Writing for a unanimous Court, Justice Verniero held that a corporate director who had also acted as counsel to the corporation could be ...
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 ...