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Duane Morris LLP Newark, NJ Document Search Results (7) Sort by:  | Pa. Appellate Court Issues Opinion in Dietz v. Chase Home Finance, LLC, Clarifying Preemption of State Common Law Claims by Fair Credit Reporting Act
Gregory R. Haworth, Brett L. Messinger; Duane Morris LLP;
Legal Alert/Article April 18, 2012, previously published on April 16, 2012 In a case of first impression, the Superior Court of Pennsylvania on April 2, 2012, issued its opinion in Dietz v. Chase Home Finance, LLC, holding that state common law negligence and defamation claims based on erroneous information furnished to credit reporting agencies are preempted by the...
| | Fifth Circuit Concludes That U.S. Supreme Court's "Fraud-on-the-FDA" Federal Preemption Precedent Has Broad Application
Sharon L. Caffrey, Paul M. da Costa; Duane Morris LLP;
Legal Alert/Article March 6, 2012, previously published on March 2, 2012 On February 22, 2012, the U.S. Court of Appeals for the Fifth Circuit unanimously affirmed the U.S. District Court for the Northern District of Texas' granting of a defendant drug manufacturer’s motion for summary judgment on all claims, including the plaintiffs' failure-to-warn claims, in...
| | Property Tax Appeals May Help Take the Sting out of Double-digit Vacancy Rates in New Jersey
Drew K. Kapur; Duane Morris LLP;
Legal Alert/Article September 2, 2011, previously published on August 31, 2011 Once-sanguine projections of recovery have given way to less-favorable economic forecasts. According to Colliers International, "Regional market conditions were flat during the second quarter of 2011. Similar to the trends during the second quarter of 2010 when stock market volatility impacted...
| | Appeals Court Distinguishes Supreme Court Ruling on Arbitration Clauses Barring Class-action Suits
Sheila Raftery Wiggins; Duane Morris LLP;
Legal Alert/Article August 4, 2011, previously published on August 3, 2011 The New Jersey Appellate Division ruled—despite the recent U.S. Supreme Court decision in AT&T Mobility LLC v. Concepcion—that binding arbitration clauses in consumer contracts that bar class-action suits still may be subject to challenge if they are poorly worded and contain...
| | U.S. Supreme Court Reaffirms Stringent Test for General Jurisdiction over Foreign Manufacturers
Sharon L. Caffrey, James J. "J." Ferrelli, Paul M. da Costa; Duane Morris LLP;
Legal Alert/Article July 5, 2011, previously published on June 30, 2011 In Goodyear Dunlop Tires Operations, S.A. v. Brown, decided on June 27, 2011, a unanimous U.S. Supreme Court reaffirmed the distinction between general and specific jurisdiction, holding that certain foreign subsidiaries of tire manufacturer Goodyear Tire and Rubber Company ("Goodyear...
| | U.S. Supreme Court Overturns N.J. Supreme Court's Extension of Long-arm Jurisdiction
James J. "J." Ferrelli, Paul M. da Costa; Duane Morris LLP;
Legal Alert/Article June 30, 2011, previously published on June 28, 2011 On June 27, 2011, the U.S. Supreme Court issued a decision addressing personal jurisdiction over foreign manufacturers for products liability claims involving products shipped to and sold in the United States. In J. McIntyre Machinery, Ltd. v. Nicastro, Justice Kennedy authored a plurality opinion...
| | U.S. Supreme Court Holds That State-Law-Based Failure-to-Warn Claims Are Federally Preempted Against Generic Drug Manufacturers
Frederick R. Ball, Sharon L. Caffrey, Alan Klein, Paul M. da Costa; Duane Morris LLP;
Legal Alert/Article June 28, 2011, previously published on June 23, 2011 On June 23, 2011, the U.S. Supreme Court issued a decision in Pliva, Inc. v. Mensing, holding that state-law claims against generic drug manufacturers are federally preempted pursuant to the Supremacy Clause of the U.S. Constitution. The case evaluated the tension between state-law-based...
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