Walker v. Choudhary, 425 N.J. Super. 135 (App. Div. 2012). This was a medical malpractice and wrongful death action. Three defendants, a doctor, a medical group, and a company that owns a...
Walid v. Yolanda for Irene Couture, Inc.., 425 N.J. Super. 171 (App. Div. 2012). It is elemental that "justifiable reliance" on an allegedly fraudulent mispresentation is necessary to make out a fraud...
Little v. Kia Motors America, Inc., 425 N.J. Super. 82 (App. Div. 2012). In this consumer class action, which involved alleged defects in Kia automobiles, Judge #1 presided over a classwide jury trial. The...
Last night's meeting of the NJSBA's Appellate Practice Committee, of which I am a member and a past Chair, was a roundtable discussion with six distinguished Appellate Division judges. The...
Sutter v. Oxford Health Plans, LLC, 675 F.3d 215 (3d Cir. 2012). Decisions in favor of class arbitration may seem to be few and far between these days. But in this case,...
State v. Perini Corp., 425 N.J. Super. 62 (App. Div. 2012). N.J.S.A. 2A:14-1.1a establishes a ten-year statute of repose for actions involving alleged deficiencies "in the design, planning, surveying, supervision or construction...
There is word that NAACP v. Foulke Management, 421 N.J. Super. 404 (App. Div. 2011), which the Supreme Court agreed to review, may be settling. The parties have asked the Court to...
Cole v. Jersey City Medical Center, 425 N.J. Super. 48 (App. Div. 2012). Plaintiff, a nurse anesthetist at Jersey Medical Center, sued the Medical Center and her immediate employer, Liberty Anesthesia Associates...
The third day of oral arguments on the Affordable Care Act was something of an anticlimax. There were two issues. The first was whether, if the "individual mandate" (the requirement that all...
Macfarlan v. Ivy Hill SNF, LLC, 675 F.3d 266 (3d Cir. 2012). "Judicial estoppel is a ‘judge-made doctrine that seeks to prevent a litigant from asserting a position inconsistent with one that...