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A Single Unsolicited Robo Call is Actionable Under the Telephone Consumer Protection Act

Published: Jul 12, 2017 | Last modified: Jul 12, 2017
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

Published: Jun 28, 2017 | Last modified: Jun 28, 2017
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

Published: Jun 3, 2017 | Last modified: Jun 3, 2017
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

Published: May 24, 2017 | Last modified: May 24, 2017
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

Published: May 16, 2017 | Last modified: May 16, 2017
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

Published: Apr 14, 2017 | Last modified: Apr 14, 2017
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

Published: Apr 1, 2017 | Last modified: Apr 1, 2017
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

Published: Mar 30, 2017 | Last modified: Mar 30, 2017
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

Published: Mar 29, 2017 | Last modified: Mar 29, 2017
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

Published: Mar 23, 2017 | Last modified: Mar 23, 2017
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)...
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