Searching Content indexed under Court Procedure by Day Pitney LLP ordered by Published Date Descending.
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CMS Expands Immediate Jeopardy Standards
"Immediate Jeopardy" is defined by the Centers for Medicare & Medicaid Services (CMS) as "a situation in which the provider's noncompliance with one or more requirements of participation has caused,
United States
12 Apr 2019
Supreme Court Reverses Attempt To Broaden Scope Of Personal Jurisdiction Over Nonresidents
In a ruling expected to favor defendants, the Supreme Court recently reversed California's attempt to broaden the scope of personal jurisdiction over nonresident defendants.
United States
7 Aug 2017
Lender Filing Foreclosure Complaint Does Not Trigger Statute Of Limitations
Joy Harmon Sperling and Karen Wilson-Robinson authored an article, "Lender Filing Foreclosure Complaint Does Not Trigger Statute of Limitations," for the New Jersey Law Journal.
United States
6 Mar 2017
Supreme Court Short-Circuits Defense Strategy To Pick Off Class Rep
On January 20, the U.S. Supreme Court held in Campbell-Ewald Co. v. Gomez that an unaccepted Rule 68 offer of judgment does not render a plaintiff's action moot, no matter how good the terms of the offer.
United States
27 Jan 2016
New Jersey Supreme Court Limits Plaintiffs' Entitlement to Attorney Fees Under Consumer Fraud Act
In a business-friendly decision, Perez v. Professionally Green, LLC, 214 N.J., a unanimous New Jersey Supreme Court held yesterday that a plaintiff who brings a claim under the New Jersey Consumer Fraud Act is precluded from recovering attorney fees if a defendant does not file a motion for summary judgment and the claim is involuntarily dismissed before being submitted to a jury.
United States
16 Sep 2013
Supreme Court Limits Tort Claims for Violating the Law of Nations
The Supreme Court ruled unanimously yesterday in Kiobel v. Royal Dutch Petroleum, No. 10-1491, 2013 U.S. LEXIS 3159 (Apr. 17, 2013), that a claim under the Alien Tort Statute (ATS), which relates to civil actions by foreign citizens for violations of the "law of nations," does not extend to conduct that occurred on foreign soil.
United States
20 Apr 2013
Supreme Court Decision May Reduce Debtor Claims Brought Under The FDCPA
Yesterday, the U.S. Supreme Court issued an opinion that may reduce the number of claims brought by debtors under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692 et seq., or at least cause plaintiffs' counsel to think twice about bringing such claims.
United States
28 Feb 2013
Third Circuit Adopts Reasonable Basis Of Suspicion As The Standard To Invoke The Crime-Fraud Exception to the Attorney-Client Privilege
On December 11, the U.S. Court of Appeals for the Third Circuit issued a precedential ruling that reasonable suspicion of an intended crime is sufficient proof to overcome the attorney-client privilege. In re: Grand Jury: John Doe 1, John Doe 2, ABC Corp., Case Nos. 12-1697 & 12-2878, 2012 U.S. App. LEXIS 25318 (3rd Cir. Dec. 11, 2012).
United States
3 Jan 2013
New York Appellate Court Adopts Tooley Test To Determine Whether A Claim Is Derivative Or Direct
On August 7, 2012, the Appellate Division of the New York Supreme Court, First Department, issued a unanimous opinion in Yudell v. Gilbert, Index No. 600404/08, explicitly adopting the analytical framework used by Delaware courts, known as the "Tooley test," to determine whether a claim is derivative or direct.
United States
13 Aug 2012
Court Orders Production Of Notes Prepared By Plaintiff, Not On Request From Counsel
The New Jersey Appellate Division recently held that handwritten notes prepared by a plaintiff before she met with her attorney are not protected by the attorney-client privilege and must be produced in discovery, where the notes were not prepared at the attorney’s direction or under his supervision.
United States
27 Apr 2012
Telebright v. Director: New Jersey Appellate Division Rules On New Jersey Corporation Business Tax Impact Of Employing New Jersey Telecommuter
In a recent decision, "Telebright Corporation, Inc. v. Director, New Jersey Division of Taxation", A-5096-09T2, ___ N.J. Super ___ (App. Div. 2012), the New Jersey Appellate Division held that an out-of-state corporation that regularly and consistently permits an employee to telecommute from her New Jersey residence is doing business in New Jersey and is therefore subject to the New Jersey Corporation Business Tax Act ("CBT Act").
United States
16 Mar 2012
New Jersey Court Compels Arbitration Of FMLA And NJLAD Claims
The New Jersey Appellate Division recently affirmed the dismissal of a complaint by a former bank employee who claimed that she was discriminated against on the basis of her disability and need to take leave under the Family and Medical Leave Act ("FMLA").
United States
7 Feb 2012
T&E Litigation Update: Rochalski v. Sklodowski
In Rochalski v. Sklodowski, Case No. 10-P-1750, 2012 Mass. App. Unpub. LEXIS 12 (Jan. 6, 2012), a decision issued pursuant to Rule 1:28, the Appeals Court affirmed the probate court's judgment voiding certain transactions on grounds of lack of capacity and undue influence.
United States
18 Jan 2012
T&E Litigation Update: "Purcell v. Landers"
In "Purcell v. Landers", Case No. 10-P-1757, 2011 Mass. App. Unpub. LEXIS 1251 (Dec. 6, 2011), a decision issued pursuant to Rule 1:28, the Appeals Court affirmed in part and reversed and remanded in part the probate court's disposition of a will contest
United States
17 Jan 2012
New York Court Voids Lifetime Employment Contract Under Connecticut Law
Applying Connecticut law, a November 10, 2011 decision of the Supreme Court of New York, Appellate Division, First Department found a lifetime employment contract to be void as against public policy.
United States
28 Nov 2011
"Strong Evidence" That Employee Pilfered Company Products Not Enough For Summary Judgment
In a recent decision, Gibbs v. Caswell-Massey, the New Jersey Appellate Division reversed a trial court’s award of summary judgment in favor of an employer on an employee’s disability discrimination case, despite the presence of "strong evidence" that the employee had stolen and sold company products.
United States
18 Nov 2011
Employees Score Another Win Under The New York City Human Rights Law
As we previously reported, in 2009, a New York state appellate court first held in Williams v. New York City Housing Authority, that a plaintiff claiming hostile work environment harassment under the New York City Human Rights Law ("NYCHRL") need only demonstrate that he or she was treated less favorably than other employees because of his or her membership in a protected class.
United States
14 Oct 2011
Post AT&T Mobility, New Jersey Appellate Court Rejects Class Waiver Provision Based On Contract Formation Principles
In recent years, New Jersey courts, like many others, developed a body of law that denied enforcement of class action waivers in arbitration provisions as being unconscionable and against principles of public policy in certain circumstances.
United States
16 Aug 2011
New Jersey Supreme Court Clarifies The Standard For Principals' Individual Liability For Corporate Regulatory Violations
On July 7, 2011, in "Allen v. V and A Bros., Inc." (A-30-10)(066568), the New Jersey Supreme Court affirmed, modified in part, and reversed a June 23, 2010, decision by the Appellate Division.
United States
27 Jul 2011
New Jersey Appellate Division Further Defines "Fair And Forthright" Standard For Online Consumer Agreements
As consumers continue to increase the frequency in which they make purchases over the Internet, courts have had opportunities to examine the terms of use found on many websites.
United States
18 May 2011
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