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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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