A Single Unsolicited Robo Call is Actionable Under the Telephone Consumer Protection Act
It is rather common these days to be bombarded by multiple
unsolicited robo calls made to a cell phone. Sometimes though,
enough is enough. In a victory for consumers, the Third Circuit
Court of Appeals recently reversed a District Judge's decision to
dismiss a Complaint filed by an indiv...
US Supreme Court Agrees to Hear NJ Sports Betting Case
Should the federal government be able to prohibit states
from legalizing sports betting?
On June 26, 2017, the U.S. Supreme Court agreed to decide that
question in its next term. The eventual answer could radically
change the availability of sports betting platforms in the U.S.
and f...
Sometimes a Tax Return is not a Tax Return When Attempting to Discharge Tax Debts in Bankruptcy
Can an income tax return filed after the IRS has assessed
the taxpayer's liability be discharged in bankruptcy?
One of the hallmarks of the United States Bankruptcy Code is to
afford individuals with a "fresh start" by granting a discharge
of pre-bankruptcy debts. However, not all pre-b...
Partner Glenn Reiser quoted in NJ Law Journal About Proposed Ethics Amendment
The New Jersey State Bar Association is recommending a change to
New Jersey Rule of Professional Conduct 8.4(g) that deems it
professional misconduct for a lawyer to enage in acts of
discrimination while engaged in the capacity of practicing law.
Partner Glenn R. Reiser is extensively q...
Filing Stale Bankruptcy Claim Not Violation of Collection Law, Says U.S. Supreme Court
In a perplexing decision, a divided U.S. Supreme Court ruling
endorses the practice of debt collectors who file proofs of claim
in bankruptcy cases where the underlying debt is legally
unenforceable due to expiration of the statute of limitations.
Midland Funding, LLC v. Johnson, 581
U....
Rooker Feldman Doctrine Bars Relitigating State Court Judgment in Federal Court
Often, a dissatisfied litigant who lost in state court will try
his or her luck in federal court in an attempt to escape the
adverse state court ruling. Federal courts have limited subject
matter jurisdiction, however, and will not serve as the appellate
court to challenge issues previou...
Appeals Court Upholds Voiding of New Jersey Construction Lien Claims
If you are a creditor in a construction contractor's
Chapter 11 bankruptcy proceeding you better seek relief from the
automatic stay of the bankruptcy proceeding before attempting to
file a lien claim under New Jersey's Construction Lien
Law.
This is the import of the Third Circuit's ...
NJ District Judge Tosses Website Warranty Claims Against J Crew
In an unpublished decision issued on March 29, 2017, a New Jersey
District Court judge dismissed a consumer plaintiff's lawsuit
brought against the retailer J. Crew alleging that the company's
website terms and conditions violated New Jersey's Truth in
Consumer Contract, Warranty and Noti...
Corporate Derivative Lawsuits and Federal Rule Civil Procedure 23
What is a Derivative Suit?
It is well established that a shareholder of a corporation may
not sue for personal injuries that result directly from injuries
to the corporation. See In re Kaplan, 143
F.3d 807, 811-12 (3d Cir. 1998) (applying Illinois law).
The rule is premised on the leg...
Third Circuit Clarifies Legal Standard for Evaluating Enforceability of Arbitration Agreements
In a decision issued on March 21, 2017, the Third Circuit Court
of Appeals clarified the legal standard to be applied in the
context of whether to enforce an arbitration agreement under the
Federal Arbitration Act. Aliments Krispy Kernals, Inc. v.
Nichols Farms, No. 16-1975 (3d Cir. 2017)...