Ragguette v. Premier Wines & Spirits, 691 F.3d 315 (3d Cir. 2012). Federal Rule of Appellate Procedure 4(a)(5) allows an extension of time to file a notice of appeal upon a showing of “excusable neglect.” This decision by Judge Cowen finds ...
Zavala v. Wal Mart Stores, Inc.., 691 F.3d 527 (3d Cir. 2012). This Fair Labor Standards Act (“FLSA”) decision, written by Judge Smith, rejects a collective action under the FLSA and affirms the district court’s dismissal of plaintiff’s claims on the merits. The ...
The Supreme Court has approved amendments to a number of Court Rules. The amendments take effect on September 1, 2012. The changes to the appellate rules fall into four general categories. A number of them are in accordance with recommendations ...
Caliendo v. Velez, ___ N.J. Super. ___ (App. Div. 2012). N.J.A.C. 10:41-3.2(b) is a Department of Human Services regulation that provides that incident reports prepared by the Division of Developmental Disabilities are not public records and may be relesaed only ...
Elliott v. Archdiocese of New York, 682 F.3d 213 (3d Cir. 2012). Federal Rule of Civil Procedure 54(b) states that a district court may direct entry of a final judgment as to fewer than all claims or parties, which would allow an ...
House of Fire Christian Church v. Clifton Bd. of Adj., 426 N.J. Super. 157 (App. Div. 2012). The Appellate Division has repeatedly admonished parties, attorneys, and trial level judges that it is improper to certify as final, under Rule 4:42-2, an order that is purely ...
Zehl v. Elizabeth Bd. of Educ., 426 N.J. Super. 129 (App. Div. 2012). Rule 4:41 allows a court to appoint a discovery master to deal with discovery issues “only upon approval by the Assignment Judge, and then only when all parties consent ...
Twenty-First Century Rail Corp. v. New Jersey Transit Corp., 210 N.J. 264 (2012). This case involved an effort to disqualify counsel in a construction case for a conflict of interest under Rule of Professional Conduct 1.9 (“RPC 1.9”). The Law Division denied disqualification. ...
Konop v. Rosen, 425 N.J. Super. 391 (App. Div. 2012). Trial lawyers and appellate lawyers take heed! The Appellate Division, speaking through an encyclopedic opinion by Judge Messano, has issued one of the relatively rare appellate opinions about the application of the ...
Walker v. Choudhary, 425 N.J. Super. 135 (App. Div. 2012). This was a medical malpractice and wrongful death action. Three defendants, a doctor, a medical group, and a company that owns a hospital, won summary judgment based on the statute of limitations. Plaintiff ...