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Litman v. Cellco Partnership, 655 F.3d 225 (3d Cir. 2011). In AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), a 5-4 majority of the Supreme Court of the United States rejected...

In re Mushroom Direct Purchaser Antitrust Litig., 655 F.3d 158 (3d Cir. 2011). Under Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949), certain rulings that are not final may be...

Drinker Biddle & Reath LLP v. New Jersey Dep't of Law & Public Safety, 421 N.J. Super. 489 (App. Div. 2011). Under settled caselaw, litigation discovery that is not filed with the court during the...

Hehre v. DeMarco, 421 N.J. Super. 501 (App. Div. 2011). Plaintiff, a student at Holy Spirit High School, was injured in an auto accident while being driven to a school-sponsored track meet...

O'Boyle v. District I Ethics Committee, 421 N.J. Super. 457 (App. Div. 2011). Judge Axelrad's opinion in this case begins as follows: "Rule 1:20-3(h) provides that in cases where a grievance that was...

Chief Justice Rabner today elevated Judge John C. Kennedy to the Appellate Division, effective on September 1. Judge Kennedy currently sits in the Civil Division, Essex County. He had served...

Smith v. JCP&L, 421 N.J. Super. 374 (App. Div. 2011). This opinion, authored by Judge Skillman, addresses a number of interesting issues involving inverse condemnation, nuisance, and other things. From an appellate...

Willingboro Mall, Ltd. v. 240/242 Franklin Avenue, LLC, 421 N.J. Super. 445 (App. Div. 2011). Normally, any settlement, even an oral settlement agreement, can be enforced. The question in this case was...

Cable v. Rodig, 2011 WL 3425570 (App. Div. Aug. 8, 2011). In order for an appellate court to understand what happened below, and to review those goings-on, the appellate court...

Raverta v. Lake Mohawk Golf Club, 2011 WL 3207945 (App. Div. July 29, 2011). Rule 4:6-2(e) allows a defendant to move to dismiss a complaint for failure to state a claim....