Youngest Female Judge Appointed to New Jersey Federal Bench
Congratulations to the Hon. Georgette Castner upon her
appointment to the federal bench in New Jersey, thus becoming the
youngest woman ever to serve as a federal jurist in the District
of New Jersey.
Click Here to Read the Full Article
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Civil Contempt of Bankruptcy Court Discharge Injunction
Should a Chapter 7 consumer debtor be permitted to prosecute a
new lawsuit in the United States District Court alleging that a
creditor should be held in contept for attempting to collect a
debt discharged in bankruptcy, instead of pursuing the remedy in
the debtor's earlier filed bankrup...
Firm Moves to Dismiss Frivolous Defamation Complaint Against Youtuber
Check out our Linkedin post about a recent motion that we filed
to dismiss a federal court case brought by a disgruntled
convicted murderer who accuses our client of defaming his
reputation by publishing a Youtube video discussing his murder
trial and conviction.
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Senate Confirms First Muslim American Federal Judge
Congratulations to the Honorable Zahid N. Quraishi on being
confirmed by the US Senate as the first Muslim American federal
judge, filling a much needed vacancy in the District of New
Jersey. Previously, Judge Quraishi served as a Magistrate Judge
in the District of New Jersey.
Cli...
$596,000 Judgment for Widower Defrauded by Chapter 7 Debtor
On May 18, 2021, partner Glenn Reiser secured a $596,000 judgment
on behalf of a widower who was swindled by a Chapter 7 debtor
into lending his business hundreds of thousands of dollars as
part of a Ponzi scheme. United States Bankruptcy Judge Christine
Gravelle declared the debt non-di...
NJ College Cannot Rely on FBI as Reason for not Complying with Open Public Records Act Request
In a precedential opinion issued on August 14, 2019, the United
States Court of Appeals for the Third Circuit held that a New
Jersey college is responsible for paying legal fees due to its
failure to comply with the New Jersey Open Public Records Act
(OPRA). Golden v. NJIT, Case No. 18-31...
U.S. Supreme Court to Hear Bridgegate Appeal
The United States Supreme Court has agreed to review the criminal
case against Bridget Kelly, a former aide to New Jersey Gov.
Chris Christi convicted of helping to orchestrate a temporary
shut down of several approaching lanes of the George Washington
Bridge in 2013, in what became known...
New Jersey Federal Courts Face Substantial Backlog in Civil Cases
As reported in NJ.com, the federal courts in the District of New
Jersey continue to face a shortage of judges needed to handle the
thousands of civil case filings.
The full article appears here.
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Partner Glenn Reiser prevails on Dismissing Federal Court Action for Lack of Personal Jurisdiction
In a decision issued on March 25, 2019, a federal court judge in
New Jersey dismissed a Complaint that was brought against our
client due to lack of personal jurisdiction. The plaintiff
unsuccessfully argued application of the doctrine of piercing the
corporate veil in order to justify su...
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.
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Supreme Court Allows Sports Betting in New Jersey
In a landmark decision issued on May 14, 2018, the United States
Supreme Court declared unconstitutional a federal law that
provided a monopoly to Nevada in the sports betting industry,
paving the way for New Jersey to proceed forward with legislation
to permit legalized sports betting in...
Prudential Insurance Accuses Philadelphia Bank of Trademark Infringement
Is a bank in Philadelphia known as Prudential Bank
infringing on the trademark of New Jersey insurance giant
Prudential Insurance Company? That is the question
raised by Prudential Insurance's Complaint filed on March 20,
2018 in the United States District Court for the District of New
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Third Circuit Says Delaware Law Permits Action Against New Jersey Debt Collector
In this potential class action lawsuit, a consumer (Panico)
residing outside of the State of Delaware signed a contract with
MBNA Bank of America ("MBNA") that contained a choice-of-law
provision specifying application of Delaware state law to their
debtor-creditor relationship. Delaware ...
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...
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...