Nostrame v. Santiago, 213 N.J. 109 (2013). When a personal injury plaintiff in a potentially big case switches attorneys, the attorney being replaced may see a potentially large fee disappearing. It is tempting for that attorney to believe that the new attorney ...
Tatham v. Tatham, 429 N.J. Super. 502 (App. Div. 2013). It is not often that a family law opinion touches on so many fundamental procedural issues. This opinion by Judge Fisher addresses subject matter jurisdiction, personal jurisdiction, forum non conveniens, and service ...
Rymarkiewicz v. UMDNJ, ___ N.J. Super. ___ (App. Div. 2013). Our courts, especially the appellate courts, bend over backwards to avoid dismissing cases for a party’s failure to make discovery. This decision by Judge Fasciale, however, involved plaintiff’s egregious and ...
Rosen v. Continental Airlines, Inc., 430 N.J. Super. 97 (App. Div. 2013). The holding of this decision affirmed a defense motion to dismiss this putative class action case for failure to state a claim. Plaintiff had bought a headset from defendant on an airline flight. Defendant had stated at ...
Howard Bashman, who writes the How Appealing blog, has written a very instructive article about how oral argument in the Third Circuit has become increasingly rare since the court year that ended on September 30, 2002. That article can be found here. ...
Burns v. Hoboken Rent Leveling & Stabilization Bd., 429 N.J. Super. 435 (App. Div. 2013). This was a prerogative writ case involving rent control. Plaintiffs were tenants in a building owned by defendant Bloomfield 206 Corporation (“Bloomfield”). Plaintiffs and Bloomfield fought before ...
Prime Accounting Dep’t v. Carney’s Point Tp., 212 N.J. 403 (2013). This tax appeal case came about because the defendant municipality’s tax assessment list showed plaintiff as the owner of the subject property when in fact plaintiff had merely processed taxes on ...
Today, while I was waiting to argue an appeal in the Appellate Division, an argument before mine illustrated the idea that sometimes it is the right move to concede that one’s position on a particular legal issue is not correct. The ...
Onyx Leasing Systems, Inc. v. Stevens, 2012 N.J. Super. Unpubl. LEXIS 2830 (App. Div. Dec. 28, 2012). Amercement is a cause of action that, according to the per curiam opinion in this unpublished decision of the Appellate Division today, has existed ...
Benjamin v. Pennsylvania Dep’t of Public Welfare, 701 F.3d 938 (3d Cir. 2012). In this class action brought by persons with mental retardation who reside in intermediate care facilities operated by defendants, the issue was whether other intermediate care facility residents could ...