New Jersey Federal Court Holds That Rooker-Feldman Doctrine Does Not Apply If State Court Has Granted Summary Judgment To A Foreclosing Bank Striking A Borrower’s Answer And Defenses, But Final Judgment Has Not Yet Been Entered By: Daniel Ginzburg In Farah v. LaSalle Bank Nat’l Assoc., 2016 U.S. Dist. LEXIS 38721 (D.N.J. March 23, 2016), the […]
by: Daniel Ginzburg In Spokeo, Inc. v. Robins, the question the Supreme Court will decide in the next few weeks is whether Congress can authorize a cause of action based on a violation of a federal statute and therefore confer Article III standing on a plaintiff who has not suffered concrete harm or incurred actual damages. […]
By: Lisa J. Trembly, Esq. On February 11, 2016, the New Jersey Supreme Court issued its opinion in Templo Fuente De Vida Corp. v. National Union Fire Ins. Co. of Pittsburgh, P.A., (A-18-14) (074572), holding that an insurance company may deny coverage due to an insured’s failure to comply with the notice provisions of a […]
By Aaron H. Gould, Esq. I. Introduction While testimony regarding the science of memory, specifically in cases involving eyewitness identifications, has been introduced in the criminal context for over forty years, such testimony now has been admitted in a handful of §1983 cases involving coerced identifications.[1] These cases suggest that federal courts may be more […]
PENNSYLVANIA’S SUPREME COURT HOLDS THAT ATTORNEYS’ FEES DO NOT SATISFY THE “ASCERTAINABLE LOSS” REQUIREMENT FOR RECOVERY UNDER THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW On December 15, 2014, the Pennsylvania Supreme Court unanimously held that the “ascertainable loss” requirement for recovery under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § […]
Over the last several years, Puerto Rico has faced a mounting debt crisis. During the past two years, several U.S. funds investing in Puerto Rican municipal bonds have lost significant value as investors became concerned regarding the ability of the Commonwealth to pay back its debts. The crisis has spawned substantial litigation, including suits against […]
NEW YORK STATE ISSUES TOUGH NEW DEBT COLLECTION REGULATIONS THAT GO BEYOND THE REQUIREMENTS OF THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT On December 3, 2014, New York State Governor Andrew Cuomo and Superintendent of Finance Benjamin Lawsky announced the issuance of new debt collection rules (the “Rules”) that will rein in some of what […]
At a September 11, 2014 meeting of the Justice Marie L. Garibaldi American Inn of Court for Alternate Dispute Resolution, attorney Tom Hildner discussed Jonathan Haidt’s book: “The Righteous Mind: Why Good People Are Divided by Politics and Religion” (Vintage Books, 2012, 371 pp, plus 19 pages of extensive notes and references, $16.00, Vintage ISBN 978-0-307-45577-2). […]
The use of technology in litigation is not new. Still photographs and audio recordings, including wiretaps, have been around for decades. More recently sophisticated surveillance cameras produce video and still images in real time with date and time of the images recorded. And today, just about every person can reach for a mobile device at […]
Litigation Strategy and Claims of Legal Malpractice: Defending Your Game Plan As young attorneys, we were all told: “Start developing your strategy from the moment you accept a case.” Seasoned attorneys know that having a concise strategy at an early stage allows one to assess and determine which documents should be demanded during discovery, which […]