Caprio v. Healthcare Revenue Recovery Group, LLC, 709 F.3d 142 (3d Cir. 2013). The Fair Debt Collection Practices Act, 15 U.S.C. §1692g (“FDCPA”), requires debt collectors to include in collection letters a “debt validation notice” that advises the debtor of the right to ...
Tatham v. Tatham, 429 N.J. Super. 502 (App. Div. 2013). It is not often that a family law opinion touches on so many fundamental procedural issues. This opinion by Judge Fisher addresses subject matter jurisdiction, personal jurisdiction, forum non conveniens, and service ...
Rosen v. Continental Airlines, Inc., 430 N.J. Super. 97 (App. Div. 2013). The holding of this decision affirmed a defense motion to dismiss this putative class action case for failure to state a claim. Plaintiff had bought a headset from defendant on an airline flight. Defendant had stated at ...
Interstate Outdoor Advertising, L.P. v. Mt. Laurel Tp. Bd. of Adj., 706 F.3d 527 (3d Cir. 2013). The Township of Mount Laurel, best known for its role in a series of affordable housing cases named for the Township, enacted an expressly content-neutral ...
Borough of Merchantville v. Malik & Son, LLC, 429 N.J. Super. 116 (App. Div. 2013). In this condemnation case, one of the defendants, LB-RPR REO Holdings, LLC (“LB”), the assignee of a final judgment of foreclosure on the subject property, contended that the ...
Maeker v. Ross, 430 N.J. Super. 79 (App. Div. 2013). In 2010, the Legislature amended the Statute of Frauds, N.J.S.A. 25:1-5(h), to cover “palimony” agreements, that is, “[a] promise by one party to a non-marital personal relationship to provide support or other consideration ...
Estate of Murray v. Spiegle, 429 N.J. Super. 378 (App. Div. 2013). Judge Fisher, who sat in the Chancery Division before being elevated to the Appellate Division, wrote this opinion for a unanimous panel. The opinion is, in essence, a search for a ...
In re City of Camden and International Ass’n of Firefighters, Local 788, 429 N.J. Super. 309 (App. Div. 2013). For over ten years, the City of Camden has been in such dire financial straits that the State of New Jersey has provided ...
Sayles v. G&G Hotels, Inc., 429 N.J. Super. 266 (App. Div. 2013). This case involved the interpretation of an indemnification clause. In his opinion for the panel, Judge Fisher unpacked a “complex” provision and ultimately found it unambiguous even though the clause might ...
Mastropole v. Giunta, 2012 N.J. Super. LEXIS 86 (App. Div. Jan. 15, 2013). This is a contract case that my colleague Marissa L. Quigley and I handled under the Appellate Division’s Pro Bono Civil Pilot Program. In a per curiam decision, ...