McGlynn v. State of New Jersey, 434 N.J. Super. 23 (App. Div. 2014). This was a negligence and wrongful death case. Suit was brought against various defendants, including Jersey Central Power & Light, after a tree fell on a car in ...
Baanyan Software Services, Inc. v. Kuncha, 433 N.J. Super. 466 (App. Div. 2013). Under Rule 4:4-4, New Jersey asserts personal jurisdiction over defendants to the outer limits of what due process allows. But personal jurisdiction is not unlimited, as this ...
Eastman v. First Data Corp., 736 F.3d 675 (3d Cir. 2013). Federal Rule of Civil Procedure 23(f) permits the losing party on a motion to certify a class, whether plaintiff or defendant, to petition for review of the district court’s ...
Belmont Condominium Ass’n, Inc. v. Geibel, 432 N.J. Super. 52 (App. Div. 2013). This case resulted in another magnum opus by Judge Parrillo. Plaintiff sued over defective construction of a condominium in Hoboken. Plaintiff also attacked certain statements that the ...
Wiest v. Lynch, 701 F.3d 121 (3d Cir. 2013). This is a very interesting case brought under the whistleblower protections of the Sarbanes-Oxley Act, 18 U.S.C. §1514A, and Pennsylvania law. The Third Circuit, voting 2-1, reversed in part a summary that had been ...
Nielsen v. Wal-Mart Store #2171, 429 N.J. Super. 251 (App. Div. 2013). Defendant Wal-Mart Store #2171 owned a unit in a multi-unit condominium development owned by another defendant. Plaintiff was an employee of an independent contractor whom Wal-Mart hired to do pest ...
HIP Heightened Independence and Progress, Inc. v. The Port Authority of New York and New Jersey, 693 F.3d 345 (3d Cir. 2012). Last year, the Third Circuit decided a case about the inacessibility of SEPTA rail stations in Philadelphia. This case ...
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 ...
Macfarlan v. Ivy Hill SNF, LLC, 675 F.3d 266 (3d Cir. 2012). “Judicial estoppel is a ‘judge-made doctrine that seeks to prevent a litigant from asserting a position inconsistent with one that [he or she] has previously asserted in the same or ...
In re Caterbone, 640 F.3d 108 (3d Cir. 2011). Stanley Caterbone filed a Chapter 11 bankruptcy petition. The Trustee successfully moved to have the petition dismissed on various grounds. The dismissal was entered on October 3, 2006 and the dismissal order was ...