Dart Cherokee Basin Operating Co., LLC v. Owens, ___ U.S. ___ (2014). This case reached a fairly simple conclusion: a notice of removal that removes to federal court a putative class action need not contain evidence to support a claim that ...
On this date thirty-nine years ago, the Supreme Court decided three seminal rent conrol cases, which have come to be known as the “rent control trilogy.” Troy Hills Village v. Parsippany-Troy Hills Tp. Council, 68 N.J. 604 (1975); Brunetti v. ...
Hurwitz v. AHS Hospital Corp., 438 N.J. Super. 269 (App. Div. 2014). The Healthcare Quality Improvement Act of 1986 (“HCQIA”), 42 U.S.C. §§11111-11112, creates an immunity from damages claims arising out of a “professional review action of a professional review ...
Rutgers University Student Assembly v. Middlesex Cty. Bd. of Elections, 438 N.J. Super. 93 (App. Div. 2014). Plaintiffs challenged the constitutionality of N.J.S.A. 19:31-6.3b, which, as Judge Haas described it in this opinion today, “requires all eligible persons to register ...
Mortgage Grader, Inc. v. Ward & Olivo, LLP, 438 N.J. Super. 202 (App. Div. 2014). In the legal malpractice context, a “tail” insurance policy is one that “provides insurance coverage for malpractice that occurs during the claims-made policy coverage period but is ...
Rule 2:6-10, which addresses the format of appellate briefs, states (among other things) that Supreme Court of New Jersey and Appellate Division briefs “shall contain no more than 26 double-spaced lines of no more than 65 characters including spaces, each of ...
Washington v. Perez, 219 N.J. 338 (2014). Under certain circumstances, a party is entitled to a charge that permits a jury to draw an adverse inference from an opposing party’s failure to call a witness whose testimony would naturally have been expected ...
Last night, the Morris County Bar Association presented “New Jersey Appellate Practice: Tips from the Bench and Bar.” The program and participants were discussed here. Roughly 125 people attended, and everyone learned some new things and heard again some familiar things. ...
New Century Financial Services, Inc. v. Oughla, 437 N.J. Super. 299 (App. Div. 2014). This case encompassed two consolidated collection cases. Opposing counsel in these matters regularly face off against each other in high-volume collection cases and each is familiar with many ...
The Committee on Rules of Practice and Procedure of the Judicial Conference of the United States has proposed amendments to various sets of federal procedural rules. The entire set of proposals can be viewed here. Of particular interest to appellate ...