Midland Funding, LLC v. Bordeaux, 447 N.J. Super. 330 (App. Div. 2016). This was a small claims case in which plaintiff sought to collect a consumer debt as to which it was an assignee. After defendant filed an answer and ...
Tagayun v. AmeriChoice of New Jersey, Inc., 446 N.J. Super. 570 (App. Div. 2016). As Judge Higbee noted in her opinion for the Appellate Division today, Rule 1:4-8 or N.J.S.A. 2A:15-59.1, which afford sanctions for frivolous litigation, “must both be ...
Chassen v. Fidelity Nat’l Financial, Inc., 836 F.3d 291 (3d Cir. 2016). [Disclosure: I was an expert witness for plaintiffs in this case, but my Declaration and deposition testimony was not the subject of, or referred to in, this opinion]. ...
McRae v. New Jersey Transit Bus Operations, Inc., 2016 N.J. Super. Unpub. LEXIS 1598 (App. Div. July 8, 2016). Appellate advocates like to write in ways that make an impact. But sometimes they can go too far. In today’s non-precedential, ...
Morgan v. Raymours Furniture Co., 443 N.J. Super. 338 (App. Div. 2016). Today, Judge Fisher issued the first published Appellate Division decision of 2016. Recently, Judge Fisher wrote an opinion that cited Humpty Dumpty and Joyce Kilmer’s poem “Trees.” His ...
Barr v. Bishop Rosen & Co., Inc., 442 N.J. Super. 599 (App. Div. 2015). Both before and after Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (2014), cert. denied, 135 S.Ct. 2804 (2015), New Jersey’s appellate courts have ...
Dispenziere v. Kushner Companies, 438 N.J. Super. 11 (App. Div. 2014). In Atalese v. United States Legal Services Group, L.P., 219 N.J. 430 (2014), discussed here, the Supreme Court ruled that an arbitration clause that does not contain “clear and unambiguous ...
On this date in 1956, the Supreme Court decided Newark Publishers’ Ass’n v. Newark Typographical Union, 26 N.J. 419 (1956). That unanimous opinion by Justice Heher involved whether the Newark Star-Ledger and one of its unions had agreed to arbitrate ...
Flintkote Company v. Aviva PLC, 769 F.3d 215 (3d Cir. 2014). Efforts to force arbitration on parties who did not agree to it continue. In this case, however, the Third Circuit, speaking through Judge Vanaskie, refused to allow that. Plaintiff ...
Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (2014). Plaintiff entered into a contract with defendant for debt-adjustment services. The contract contained an arbitration clause that did not state that plaintiff was waiving the right to sue in ...