Parker v. Poole, 440 N.J. Super. 7 (App. Div. 2015). Appellate decisions that explicate rules of evidence are not frequent. Today’s opinion in this case, written by Judge Hoffman, is such an instance. This was a medical malpractice case. After plaintiff ...
Badiali v. New Jersey Manufacturer’s Insurance Group, 220 N.J. 544 (2015). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represents New Jersey Manufacturers Insurance Company in certain litigation, but the firm had no involvement in this case]. When an insurer wrongfully ...
Moraes v. Wesler, 439 N.J. Super. 375 (App. Div. 2015). Plaintiff was injured in a car accident in November 2011, for which she filed suit in 2012. Then, in 2013, she was in another auto accident in which she again sustained injuries, including ...
The Third Circuit has proposed a set of Rules of Attorney Discipline Enforcement for public comment. The text of the proposed rules can be found here. In summary, the proposal provides for discipline for attorneys who are convicted of “a ...
Vanderslice v. Stewart, 220 N.J. 385 (2015). This case arose out of a mandatory, non-binding arbitration of an auto accident. Rule 4:21A-6(b)(1) requires that a party who seeks to appeal an award resulting from such an arbitration must do so ...
Hargrove v. Sleepy’s, LLC, 220 N.J. 289 (2015). Today, speaking through Judge Cuff, the Supreme Court issued an opinion on a certified question posed to the Court by the Third Circuit Court of Appeals. The question posed was “Under New ...
Shelton v. Bledsoe, 775 F.3d 554 (3d Cir. 2015). In Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013), a damages class action under Federal Rule of Civil Procedure Rule 23(b)(3), the Third Circuit manufactured a wholly new and onerous requirement ...
Ricketti v. Barry, 775 F.3d 661 (3d Cir. 2015). State court judges see a lot of New Jersey’s entire controversy doctrine (“ECD”). Some federal judges, not so much. This opinion, issued yesterday by the Third Circuit, reversed a dismissal of ...
In re National Football League Players Concussion Injury Litigation, 775 F.3d 570 (3d Cir. 2014). Federal Rule of Civil Procedure 23(f) states that “[a] court of appeals may permit an appeal from an order granting or denying class-action certification” upon ...
Davis v. Husain, 220 N.J. 270 (2014). “Post-verdict ex parte communication between the trial court and jurors cannot be countenanced.” That is the holding of today’s opinion, for a unanimous Supreme Court, by Justice LaVecchia. Even if a judge merely wants ...