Willingboro Mall, Ltd. v. 240/242 Franklin Avenue, LLC, 421 N.J. Super. 445 (App. Div. 2011). Normally, any settlement, even an oral settlement agreement, can be enforced. The question in this case was whether a settlement agreement reached orally at a mediation could ...
Cable v. Rodig, 2011 WL 3425570 (App. Div. Aug. 8, 2011). In order for an appellate court to understand what happened below, and to review those goings-on, the appellate court needs the full transcript of those proceedings (absent an application ...
The Supreme Court of New Jersey has adopted changes to two appellate rules. Both changes will go into effect on September 1, 2011. First, the list of judgments deemed to be final under Rule 2:2-3 now includes orders on preliminary ...
Doe v. Megless, ___ F.3d ___ (3d Cir. 2011). Federal Rule of Civil Procedure 10(a) requires that the title of a complaint “name all the parties.” Despite that, in exceptional circumstances, courts have allowed plaintiffs to file complaints using “John Doe” or ...
Raverta v. Lake Mohawk Golf Club, 2011 WL 3207945 (App. Div. July 29, 2011). Rule 4:6-2(e) allows a defendant to move to dismiss a complaint for failure to state a claim. That Rule contemplates, however, that (with some exceptions not relevant ...
Triffin v. Capital One, 2011 WL 2848271 (App. Div. July 20, 2011). Under Rule 1:36-3, “[n]o unpublished opinion shall constitute precedent,” and “except to the extent required by res judicata, collateral estoppel, the single controversy doctrine or any other similar principle of law, no ...
Local Baking Products, Inc. v. Kosher Bagel Munch, Inc., 421 N.J. Super. 268 (App. Div. 2011). The Telephone Consumer Protection Act, 47 U.S.C. §227 (“TCPA”), prohibits the sending of unsolicited faxes. The TCPA allows recipients of unwanted faxes to sue ...
Rules 2:12A-1 et seq. provide a procedure under which the Third Circuit Court of Appeals can certify a question of law to the Supreme Court of New Jersey “if the answer may be determinative of an issue in litigation pending ...
LVNV Funding, LLC v. Colvell, 421 N.J. Super. 1 (App. Div. 2011). This opinion, by Judge Koblitz, reversed summary judgment for a creditor on a revolving credit card account and discussed the proper way to prove such a case. More ...
K.L.G. v. D.M.., 2011 WL 2321404 (App. Div. June 29, 2011). Rule 2:9-1(a) provides that once a notice of appeal is filed, “supervision and control” of the case pass to the Appellate Division. As this per curiam opinion states, at that point, ...