Porreca v. City of Millville, 419 N.J. Super. 212 (App. Div. 2011). Rule 4:42-9(a)(2) permits recovery of attorneys' fees from a "fund in court." Porreca, a decision written by Judge Axelrad, held that the...
Taylor v. Community Medical Center, 2011 WL 181370 (App. Div. Jan. 21, 2011). This was an appeal by a plaintiff in a medical malpractice matter. Her complaint was dismissed for...
Nead v. Union Cty. Educ. Servs. Comm'n, 2011 WL 166205 (App. Div. Jan. 20, 2011). This case, which resulted in a reversal of a trial court's decision to dismiss an employment discrimination case, teaches several things...
Allen v. LaSalle Bank, N.A., 629 F.3d 364 (3d Cir. 2011). Circuit Courts outside the Third Circuit have split on the question of whether a communication from a debt collector to a...
State v. Ciancaglini, 204 N.J. 597 (2011). This case posed the question of whether a violation of the breathalyzer refusal statute, N.J.S.A. 39:4-50.4a, can be used to enhance a conviction under the DWI...
The courts are closed today for Martin Luther King, Jr. Day. That may mean that there is some time to check out the recently updated version of the New Jersey...
An "Attaboy" for Judge Simandle
Cooper University Hospital v. Sebelius, 396 Fed. Appx. 854 (3d Cir. Oct. 12, 2010). It is rare for a published Third Circuit decision simply to adopt an opinion of the district court....
Barefoot Architect, Inc. v. Bunge, 632 F.3d 822 (3d Cir. 2011). This was a group of appeals in a Virgin Islands case that involved, among other things, copyright, Lanham Act, and common...
Oceanside Charter School v. New Jersey Dep't of Education, 418 N.J. Super. 1 (App. Div. 2011). On the merits, this decision, written by Judge Carchman, stands for a simple proposition: a...
Price v. Hudson Heights Development, LLC, 417 N.J. Super. 462 (App. Div. 2011). The appellant, a frequent objector to development who has also often been successful, pro se, in his objections, won...