On March 7, 2007, the Supreme Court decided Tarus v. Borough of Pine Hill, 189 N.J. 497 (2007). In a unanimous opinion by Justice Zazzali, the Court issued a ringing pronouncement...
Law v. Siegel, ___ U.S. ___ (2014). Outrageous behavior of a litigant deserves to be punished. That is why provisions such as Federal Rule of Civil Procedure 11 and a...
Prioleau v. Kentucky Fried Chicken, Inc., 434 N.J. Super. 558 (App. Div. 2014). In Arroyo v. Durling Realty, LLC, 443 N.J. Super. 238 (App. Div. 2013), discussed here, Judge Sabatino discussed the "mode of...
The landmark right to counsel case of Gideon v. Wainwright, 372 U.S. 335 (1963), famously involved a prisoner's handwritten petition for certiorari that was granted and went on to change the legal...
Badiali v. New Jersey Manufacturer's Insurance Group, 220 N.J. 544 (2015). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represents New Jersey Manufacturers Insurance Company in certain litigation, but the firm...
For many months, the class action defendants' lobby has highlighted two Circuit Court opinions as the latest poster boys in a campaign whose ultimate goal is to abolish class actions....
The 2014 Report of the Supreme Court Civil Practice Committee has been issued. The Committee has recommended changes to certain appellate rules. Other changes proposed to the Committee were not recommended. The...
Dewey v. Volkswagen, A.G., 2014 U.S. App. LEXIS 2596 (3d Cir. Feb. 12, 2014). In Dewey v. Volkswagen, A.G., 681 F.3d 170 (3d Cir. 2012), the Third Circuit reversed approval...
As discussed here, the Supreme Court already has on its docket Tumpson v. Farina, 431 N.J. Super. 164 (App. Div. 2013), which involves a referendum in a Faulkner Act municipality. [Disclosure:...
DeMarco v. Stoddard, 434 N.J. Super. 352 (App. Div. 2014). In P.V. v. Camp Jaycee, 197 N.J. 132 (2008), discussed here, the Supreme Court replaced the "governmental interest test" that had guided...