Corporate Derivative Lawsuits and Federal Rule Civil Procedure 23
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
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?
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?
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
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
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
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...