Deutsche Bank Trust Company Americas v. Weiner, 456 N.J. Super. 546 (App. Div. 2018). Judge Fisher issued this short decision in this case today. The body of the opinion consumes just four pages of text, with the final word, “Affirmed,” ...
Personal Service Ins. Co. v. Relievus, 455 N.J. Super. 508 (App. Div. 2018). This opinion, issued by Judge Sumners today for a unanimous panel, concerned “whether a Law Division summary action seeking to vacate an award by a dispute resolution ...
Sconiers v. United States, 896 F.3d 595 (3d Cir. 2018). Under the Federal Tort Claims Act, 28 U.S.C. §2401(b) (“FTCA”), a tort claim against the United States is “forever barred unless it is presented in writing to the appropriate Federal ...
MTK Food Services, Inc. v. Sirius America Ins. Co., 455 N.J. Super. 307 (App. Div. 2018). In McCarrell v. Hoffman-LaRoche, Inc., 227 N.J. 569 (2017), discussed here, the Supreme Court adopted section 142 of the Restatement (Second) of Conflicts of ...
Rotkiske v. Klemm, 890 F.3d 422 (3d Cir. 2018). The Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq. (“FDCPA”), states that an action to enforce liability thereunder may be brought “within one year from the date on which ...
Petro-Lubricant Testing Laboratories, Inc. v. Adelman, 233 N.J. 236 (2018). This defamation case, which involves an internet article about an employment discrimination lawsuit that was thereafter reprinted in somewhat different form, has pinged and ponged in different directions at each ...
Baez v. Paulo, 453 N.J. Super. 422 (App. Div. 2018). This was a medical malpractice/wrongful death case. The Law Division had precluded plaintiff from adding three doctors as defendants after the statute of limitations had expired, ruling that plaintiff had ...
Watson v. New Jersey Department of Treasury, ___ N.J. Super. ___ (App. Div. 2017). The Mistaken Imprisonment Act, N.J.S.A. 52:4C-1 to -7, (“the Act”) allows claims for damages by persons who have been wrongly convicted of a crime and who ...
The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, 230 N.J. 427 (2017). This opinion, by Justice Albin for a unanimous Court, involved a lengthy construction defect litigation. The issue was when the plaintiff condominium association’s ...
Smith v. Datla, 451 N.J. Super. 82 (App. Div. 2017). This opinion by Judge Geiger was his first published opinion since his elevation to the Appellate Division. It involved the applicable statute of limitations for each of three distinct claims ...