Henebema v. South Jersey Transportation Authority, 430 N.J. Super. 485 (App. Div. 2013). The key issue in this case, in which the opinion of the Appellate Division was written by Judge Fasciale, was...

Warren Hospital v. John Does, 430 N.J. Super. 225 (App. Div. 2013). In Dendrite Int'l, Inc. v. Doe No. 3, 342 N.J. Super. 134 (App. Div. 2001), the Appellate Division laid out...

Erie Molded Plastics, Inc. v. Nogah, LLC, 2013 U.S. App. LEXIS 5991 (3d Cir. March 26, 2013). In a commercial case, defendant advised its attorneys that it would no longer...

Article VI, section 6, paragraph 3 of the New Jersey Constitution provides that Justices of the Supreme Court and judges of the Superior Court "shall be retired upon attaining the...

Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013). In this antitrust class action case, the Supreme Court of the United States split 5-4, among all too predictable lines. The majority, in a...

Washington v. Perez, 430 N.J. Super. 121 (App. Div. 2013). In proper circumstances, a jury may be told that it can consider the fact that a party did not call a particular...

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,...

Townsend v. Pierre, 429 N.J. Super. 522 (App. Div. 2013). Though this case, which arose out of an auto accident, is a decision on summary judgment, it may be of greatest interest to...

Standard Fire Ins. Co. v. Knowles, 133 S.Ct. 1345 (2013). Class action plaintiffs often prefer, for strategic or tactical reasons, to bring their cases in state courts, while class action defendants normally...