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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In an unpublished decision issued on March 29, 2017, a New Jersey District Court judge dismissed a consumer plaintiff's lawsuit brought against the retailer J. Crew alleging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)...

Are an Attorney's Written or Spoken Words Binding on Clients in Federal Court?

Published: Mar 21, 2017 | Last modified: Mar 21, 2017
The doctrine of judicial admissions recognizes that factual allegations made by litigants in their pleadings are binding in the case and on appeal. Examples of pleadings include a complaint, answer, counterclaim, third party complaint, affidavits, and motions. As this article demonstrates...

The District Judge Got it Wrong. Can You Ask For a Do-Over?

Published: Mar 20, 2017 | Last modified: Mar 20, 2017
MOTIONS FOR RECONSIDERATION IN THE DISTRICT COURT OF NEW JERSEY Your attorney files a pre-trial motion before the District Court, and the judge rules against you. Believing the Judge got it wrong you call your attorney and ask whether you can revisit the issue a second time. While t...

Third Circuit Deals Blow to JP Morgan Chase in Loan Modification Case

Published: Mar 18, 2017 | Last modified: Mar 18, 2017
In a precedential opinion issued on March 9, 2017, the Third Circuit U.S. Court of Appeals affirmed the District Court of New Jersey's decision to allow a class action complaint to proceed on the basis that JP Morgan Chase violated the Homeowner's Protection Act in connection with a resid...

Pre-Printed Arbitration Provision in Samsung Product Manuel Held Unenforceable

Published: Mar 7, 2017 | Last modified: Mar 17, 2017
Who ever bothers reading boilerplate provisions in a consumer products manual? Apparently, that was the view taken by the U.S. Court of Appeals in a recent case, holding that an arbitration provision for Samsung Galaxy S smartwatches is unenforceable against consumers in a class action ca...

14-Year Old Defamation Suit Dismissed

Published: Feb 27, 2017 | Last modified: Feb 27, 2017
In a lawsuit involving a battle between two alleged cult organizations, a federal district judge in New Jersey recently dismissed a 14-year old defamation claim arising out of allegations that described the plaintiff as a cult that brainwashed seminar participants. The article is repo...
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