D.D. v. University of Medicine & Dentistry of New Jersey, 213 N.J. 130 (2013). Under the New Jersey Tort Claims Act, N.J.S.A. 59:8-1 et seq. ("TCA"), no lawsuit can be filed against...
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,...
On February 14, this blog reported on an article documenting a substantial decline in oral arguments in appeals before the Third Circuit Court of Appeals. The statistics reported in that article...
In re Letter Decision of the Committee on Attorney Advertising, Docket No. 47-2007, 213 N.J. 171 (2013). New Jersey Rule of Professional Conduct 7.5 requires that a law firm's name "include the...
Vega v. 21st Century Ins. Co., 430 N.J. Super. 18 (App. Div. 2013). More and more, courts are rejecting formalisms and looking to the realities of a situation. This opinion by Judge...
Nostrame v. Santiago, 213 N.J. 109 (2013). When a personal injury plaintiff in a potentially big case switches attorneys, the attorney being replaced may see a potentially large fee disappearing. It is...
Halvorsen v. Villamil, 429 N.J. Super. 568 (App. Div. 2013). Does the Dram Shop Act, N.J.S.A. 2A:22A-1 to -7, which makes a licensed alcholic beverage server liable for serving a visibly intoxicated...
Freeman v. Pittsburgh Glass Works, LLC, 709 F.3d 240 (3d Cir. 2013). This appeal involved plaintiff's assertion that an arbitration award should be vacated because the arbitrator was biased. The district court rejected that...
Motley v. Seaside Park Bd. of Adj., 430 N.J. Super. 132 (App. Div. 2013). N.J.S.A. 40:55D-68 allows a non-conforming use or structure to be "restored or repaired in the event of partial...
Caprio v. Healthcare Revenue Recovery Group, LLC, 709 F.3d 142 (3d Cir. 2013). The Fair Debt Collection Practices Act, 15 U.S.C. §1692g ("FDCPA"), requires debt collectors to include in collection letters a "debt...