Douglass v. Convergent Outsourcing, 765 F.3d 299 (3d Cir. 2014). The Fair Debt Collection Practices Act, 15 U.S.C. §1692f(8) (“FDCPA”), forbids debt collectors from putting on the envelopes of debt collection letters “any language or symbol, other than the debt ...
State v. Carreon, 437 N.J. Super. 81 (App. Div. 2014). Courts often say that statutes are “inartfully drafted,” or the like. This opinion that Judge Accurso issued today, however, goes further. In addressing the penalty provisions of N.J.S.A. 39:3-10, which deals ...
Borough of Merchantville v. Malik & Son, LLC, 218 N.J. 556 (2014). In this eminent domain case, the Appellate Division held that, in taking a piece of property by condemnation, the Borough of Merchantville was obligated by the Eminent Domain ...
Renner v. AT&T, 218 N.J. 435 (2014). This opinion by a unanimous Supreme Court today, written by Judge Rodriguez, addresses the effect of a 1979 amendment to the Workers’ Compensation Law, N.J.S.A. 34:15-7.2. “In that amendment, the Legislature set higher ...
Gormley v. Wood-El, 218 N.J. 72 (2014). Cases under the Civil Rights Act, 42 U.S.C. §1983, are often difficult for plaintiffs. Such cases often fail, frequently on dispositive motions, due to qualified immunity, as in Schneider v. Simonini, 163 N.J. 336 (2000), ...
Casal v. Hyundai Motor America, 436 N.J. Super. 296 (App. Div. 2014). In this case under the Lemon Law, N.J.S.A. 56:12-32(a)(1), which includes a fee-shifting provision for successful claimants, the issue on appeal related to attorneys’ fees. As Judge Higbee ...
Halliburton Co. v. Erica P. John Fund, Inc., ___ U.S. ___ (2014). In general, in a securities fraud case under section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. §78j(b), plaintiffs must show reliance on a defendant’s misrepresentation ...
Perez v. Zagami, LLC, 218 N.J. 202 (2014), and Cottrell v. Zagami, LLC, 218 N.J. 217 (2014). In these two cases, the Supreme Court addressed the question of whether the New Jersey Civil Rights Act, N.J.S.A. 10:6-2(c) (“CRA”), permits a ...
Nuveen Municipal Trust v. WithumSmith Brown P.C., 752 F.3d 600 (3d Cir. 2014). As discussed here, the Supreme Court of New Jersey has occasionally accepted requests from the the Third Circuit Court of Appeals to answer certified questions of law under ...
In re Grant of Charters to Merit Preparatory Charter School and Newark Preparatory Charter School, 435 N.J. Super. 273 (App. Div. 2014). Charter schools are the subject of much controversy. In this case, the Commissioner of Education issued charters to two schools, Merit ...