Royster v. New Jersey State Police, 227 N.J. 482 (2017). Today’s decision is a unique one. Writing for the majority of five Justices (Justices LaVecchia, Patterson, Fernandez-Vina, Solomon, and Timpone), Justice Solomon affirmed the decision of the Appellate Division that ...
Chassen v. Fidelity Nat’l Financial, Inc., 836 F.3d 291 (3d Cir. 2016). [Disclosure: I was an expert witness for plaintiffs in this case, but my Declaration and deposition testimony was not the subject of, or referred to in, this opinion]. ...
In re Adoption of a Child by J.E.V. and D.G.V., 226 N.J. 90 (2016). In this unanimous opinion, authored by Chief Justice Rabner, the Supreme Court ruled that an indigent parent who faces the termination of her parental rights in ...
Rodriguez v. Raymours Furniture Co., Inc., 225 N.J. 343 (2016). Plaintiff became employed by defendant, who is better known to the public as Raymour & Flanigan. The employment application that he signed contained a clause that said “I agree that ...
State v. Bueso, 225 N.J. 193 (2016). Today, the Supreme Court addressed the issue of how a trial court should evaluate the competency of a child witness to testify. The child in question, M.C., was a seven-year old girl who ...
McMaster v. Eastern Armored Services, Inc., 780 F.3d 167 (3d Cir. 2015). Plaintiff Ashley McMaster was a driver and/or guard (some days she drove, and other days she rode as a passenger to provide security) employed by defendant (“Eastern”), an armored ...
Joseph v. United States, ___ U.S. ___ (2014). Most if not all appellate courts have a rule that issues not raised in an opening brief cannot be raised in subsequent filings. That principle makes sense, as Justice Kagan said in ...
Opalinski v. Robert Half Int’l Inc., 761 F.3d 314 (3d Cir. 2014). In this case under the Fair Labor Standards Act, 29 U.S.C. §201 et seq. (“FLSA”), plaintiffs signed employment agreements that contained an arbitration clause. That clause stated that “[a]ny ...
Thompson v. Real Estate Mortgage Network, 748 F.3d 142 (3d Cir. 2014). This opinion, issued today by Judge Vanaskie, is an important one in that it clarifies the pleading standards in the context of a motion to dismiss a complaint ...
Cole v. Jersey City Medical Center, 215 N.J. 165 (2013). In Cole v. Jersey City Medical Center, 425 N.J. Super. 48 (App. Div. 2012), discussed here, the Appellate Division ruled that defendant, who had litigated this employment discrimination case for 21 months and ...