Lee v. Brown, 232 N.J. 114 (2018). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represented certain defendants in this case who were dismissed from the case on motion prior to the appeal that is the subject of this post] Today’s ...
Foreclosure Defendant May Not Fail to Pursue a Germane Defense and Then Sue for Fraud by Foreclosure
Adelman v. BSI Fin. Services, 453 N.J. Super. 31 (App. Div. 2018). This case, which was the subject of Judge Koblitz’s decision today, arose out of a foreclosure action. Plaintiff, the defendant in the foreclosure case, belatedly (after the sheriff’s ...
All the Way Towing, LLC v. Bucks County International, Inc., 452 N.J. Super. 565 (App. Div. 2018). Today’s opinion by Judge Fisher reaffirms a fundamental principle: on summary judgment, a court must view the facts most favorably to the opponent ...
Green v. Monmouth University, 452 N.J. Super. 542 (App. Div. 2018). Today’s opinion by Judge Leone affirmed summary judgment in favor of defendant Monmouth University under the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11 (“the Act”). Judge Ostrer joined in ...
Vitale v. Schering-Plough Corp., 231 N.J. 234 (2017). Plaintiff was hired as a security guard by a security company. The company required him to agree to waive any claim against any customer of the security company to whom he might ...
The Supreme Court announced late last Friday that it has granted review in three more cases. Two of those cases involve the long-running Accutane Multi-County Litigation, which the Court has addressed before, in several contexts, in McCarrell v. Hoffmann-LaRoche, Inc., ...
Joyce v. Maersk Line Ltd., 876 F.3d 502 (3d Cir. 2017). Today’s decision by Judge Jordan for a unanimous en banc court began with a pun and continued as follows: “Today we stop swimming against the tide of opinion on ...
Yesterday and today, the Supreme Court did what it does not often do: affirm a decision of the Appellate Division substantially for the reasons expressed by the Appellate Division, rather than writing its own fully-expressed opinion. Yesterday’s ruling, in Granata ...
Pollack v. Quick Quality Restaurants, Inc., 452 N.J. Super. 174 (App. Div. 2017). The first paragraph of Judge Gibbons Whipple’s opinion for the Appellate Division well encapsulated what this appeal was about. “In this appeal, as an issue of first ...
If there is one case that every New Jersey litigator, and even most non-litigators, know, it is Brill v. Guardian Life Ins. Co., 142 N.J. 520 (1995). That opinion, written by Justice Coleman for a unanimous Supreme Court, was issued ...