News

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...

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....

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...

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 ...

In an unpublished decision issued on March 29, 2017, a New Jersey District Court judge dismissed a consumer plaintiff's lawsuit brought against the retailer J. Crew alleging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

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...

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)...

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...

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...

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...

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...

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...