Patrick v. City of Elizabeth, 449 N.J. Super. 565 (App. Div. 2017). The Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3 (“TCA”), contains numerous immunities and other impediments for plaintiffs who seek to recover against public entities or public employees for ...
Conley v. Guerrero, 228 N.J. 339 (2017). Today’s decision in this case, written by Justice Solomon for a unanimous Court, largely affirmed the ruling of the Appellate Division, reported at 443 N.J. Super. 62 (App. Div. 2015), and discussed here. ...
Aliments Krispy Kernels, Inc. v. Nichols Farms, 851 F.3d 283 (3d Cir. 2017). The bottom line of this opinion by Judge Fuentes was the reversal of a judgment of the District Court vacating an arbitration award that had been issued ...
James v. Global Tellink Corp., 852 F.3d 262 (3d Cir. 2017). In this putative class action, plaintiffs were inmates at New Jersey correctional facilities. They signed up with defendants for a service that would allow plaintiffs to telephone loved ones, ...
Ramirez v. Vintage Pharmaceuticals, LLC, 852 F.3d 324 (3d Cir. 2017). The so-called Class Action Fairness Act of 2005 (“CAFA”) extended federal jurisdiction not only to class actions over which federal courts previously did not have power, but also to ...
Rippon v. Smigel, 449 N.J. Super. 344 (App. Div. 2017). This opinion by Judge Haas today reverses a dismissal that was based on lack of personal jurisdiction, forum non conveniens, and res judicata. The main reason was the state of ...
Roach v. BM Motoring, LLC, 228 N.J. 163 (2017). Plaintiffs bought used cars from defendants. In connection with those purchases, plaintiffs signed Dispute Resolution Agreements (“DRA’s”) that required any disputes to be arbitrated “in accordance with the rules” of the ...
Serico v. Rothberg, 448 N.J. Super. 604 (App. Div. 2017). In this medical malpractice case, plaintiff and defendant entered into a “high-low” agreement while awaiting a jury verdict. As Judge Rothstadt noted in his opinion in this case today, such ...
Ricci v. Ricci, 448 N.J. Super. 546 (App. Div. 2017). As Judge Lihotz observed in the opening sentence of her opinion for the Appellate Division in this case, Newburgh v. Arrigo, 88 N.J. 529 (1982), established the principle that “the ...
Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 448 N.J. Super. 583 (App. Div. 2017). The Municipal Land Use Law (“MLUL”), in N.J.S.A. 40:55D-10.5, contains a “time of application rule” that determines what ordinance governs a land use development ...