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HTMLAppellate Division of New Jersey Declines to Exercise Jurisdiction over Pip Reimbursement Action
Gina M. Zippilli; Capehart & Scatchard, P.A.;
Legal Alert/Article
December 30, 2015, previously published on December 11, 2015
The issue in Yoo v. Travelers of New Jersey, A-5810-13T2 (App. Div. November 17, 2015), is one we have seen before, namely whether the Appellate Court will entertain jurisdiction over reimbursement actions regarding personal injury protection (“PIP”) benefits. Yoo reaffirms the long...

 

Adobe PDFRecent Second Circuit Decision Teaches Trial Lawyers a Difficult Appellate Lesson: Following Trial Rules that Conflict with Rules of Appellate Procedure Can Cause Forfeiture of Appellate Rights
Bruce P. Merenstein; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
October 19, 2015, previously published on October 2015
Lawyers are taught to follow the rules, and that includes local rules of trial courts and individual judges. But a recent Second Circuit decision adds an important caveat to that lesson: beware of local rules that can lead to forfeiture of appellate rights. In Weitzner v. Cynosure, Inc., No....

 

Adobe PDFShould I Stay or Should I Go? The Third Circuit Explains How Courts Should Balance Clashing Stay Factors
Bruce P. Merenstein; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
October 14, 2015, previously published on October 2015
The United States Court of Appeals for the Third Circuit recently issued a rare opinion addressing the analysis courts should undertake when considering a request to stay a trial court judgment or order pending appeal.

 

HTMLBack to the Drawing Board: The Use of Ethnicity-Based Statistics to Determine Economic Loss in Tort Cases Held Unconstitutional
John J. Hare; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 13, 2015, previously published on August 12, 2015
In a significant ruling issued on July 30, 2015, U.S. Judge Jack B. Weinstein of the Eastern District of New York held that it is unconstitutional to use ethnicity-based statistics to calculate future economic loss in tort cases. This ruling will likely spawn similar rulings and arguments...

 

Adobe PDFSupreme Ghostbusters: Rhode Island Supreme Court Imposes Limitations on Ghostwriting.
Nicole J. Benjamin; Adler Pollock & Sheehan P.C.;
Legal Alert/Article
June 24, 2015, previously published on June 9, 2015
The Rhode Island Supreme Court “ain’t afraid of no ghost.”1 In a long-anticipated, unanimous decision, the Rhode Island Supreme Court held yesterday that an attorney may not ghostwrite or otherwise assist a pro se litigant with the preparation of pleadings, motions, or other...

 

Adobe PDFAre Federal Appellate Courts Growing Impatient with Procedural Errors? — Risks for Clients and Their Counsel
Bruce P. Merenstein, Carl A. Solano; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
June 2, 2015, previously published on May 2015
On May 7, 2015, the U.S. Court of Appeals for the Third Circuit affirmed a district court’s grant of partial summary judgment in a dispute about an indemnification agreement. That decision, Lehman Bros. Holdings, Inc. v. Gateway Funding Diversified Mortg. Servs., L.P., 2015 U.S. App. LEXIS...

 

HTMLAppellate Division Enjoins COAH and State From Seizing Affordable Housing Development Fees from Municipalities
Meryl A.G. Gonchar, Matthew J. Schiller; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
May 5, 2015, previously published on May 2015
On April 9, 2015, the New Jersey Appellate Division, in In Re Failure of the Council on Affordable Housing to Adopt Trust Fund Commitment Regulations, enjoined the Council on Affordable Housing (COAH) and New Jersey's executive branch from seizing affordable housing development fees from...

 

Adobe PDFRecent Superior Court Decision Underscores Difficulty and Need for Caution When Determining Appealability of Orphans' Court Orders
Roberta A. Barsotti, Carl A. Solano; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
April 21, 2015, previously published on March 2015
For several years, Pennsylvania judges, lawyers, and (even) rulemakers have struggled to define when an order entered in an Orphans’ Court proceeding is immediately appealable. The issue, of course, is critical, because failure to take a timely appeal from such an order may forfeit all...

 

Adobe PDFSupreme Court Clarifies Application of Final Judgment Rule in MDL Proceedings, But Uncertainty Remains
Christian D. Sheehan; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
April 20, 2015, previously published on February 2015
On January 21, 2015, the Supreme Court issued its much-anticipated decision in Gelboim v. Bank of America Group. The case presented a single question: Is a district court order dismissing all claims in an action that was consolidated with several others for pretrial purposes a final and immediately...

 

Adobe PDFSupreme Court Reaffirms That an Appellee Who Does Not Seek To Enlarge Its Favorable Judgment Need Not File a Cross-Appeal To Attack a Lower Court Ruling
Arleigh P. Helfer, Bruce P. Merenstein; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
April 20, 2015, previously published on February 2015
One of a litigator’s most crucial tasks is ensuring that issues and arguments in support of a client’s position are available if and when the case is presented to an appellate tribunal. While issue preservation is always a concern for appellants, who are subject to the doctrine of...

 


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