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Products Liability in New Jersey

Knoster v. Ford Motor Company 2006 WL 2561234 (C.A.3 (N.J.)) is case where the Plaintiff filed claims under both the New Jersey Product Liability Act ("PLA") and the New Jersey Consumer Fraud Act. Specifically under the PLA, the plaintiff filed a failure to warn and a design-defect claim. The District Court dismissed the consumer fraud claim and entered judgment in favor of the Defendant based on the jury's verdict. The Plaintiff appealed on a variety of claims. 

Be Careful What You Plead For

In MARX v. GENERAL REVENUE CORP., 668 F. 3d 1174 (2013), the United States Supreme Court affirmed a decision that was upheld by the Tenth Circuit. The District Court had ordered the losing plaintiff, Marx (who had defaulted on her student loans) to pay the defendant's partial court and attorneys fees. In this case Marx had claimed that her creditor, General Revenue Corporation (GRC) was harassing her via phone calls and letters to her employer, and falsely claiming to garnish half of her wages. The decision, which was a matter of statutory interpretation, will help to provide other circuits with guidance, however, it has sparked an interesting policy concern. 

I Tip My Hat to the New Constitution.

Giannini v. Rosenberg, No. 11-3542 (June 8, 2012 D.N.J.) is a case which examines the process of bringing a malpractice suit while an ethics charge is still pending. This case is being presented to show the various levels of complaints which are available to Plaintiffs as well as how the systems work in harmony when discussing Constitutional claims.

Starting off on the Right Foot.

Burns v. Drier, No. 2009-3763, 2010 WL 3398757, June 11, 2010 (Pa. Comm. Pl. Ct. 2012) is a case which shows how important it is to properly draft a complaint. Prior to instituting any lawsuit, the Plaintiff must draft a ... 

Cause and Effect

Uberoi v. Stark & Stark (S & S) is not groundbreaking for the law it presents, but rather for the idea it reinforces in New Jersey legal malpractice claims. Often times, clients may believe they have suffered as a result of the malpractice of attorneys. However, no liability will accompany this feeling of helplessness unless the court is convinced that the attorney's mistake proximately caused damage to the client. As a side note, the case also showed that arbitration will not preclude a successive action if the burden is more strenuous at arbitration.

When Legal Malpractice is not Available...

Sabella v. Estate of Milides provides a very key point for those interested in legal malpractice claims. Mainly, if one feels they have been wronged by opposing counsel, they need not worry about the lack of an attorney-client relationship, and may instead file a claim alleging abuse of process and wrongful use of civil proceedings.

Malpractice Claims with Merit Must Haver Certificates Proving Such

If nothing else, this case shows that no matter how simple a malpractice case may seem, it is always useful to have two things, Certificates of Merit and an attorney. Edward Donnelly, proceeding pro se, filed an action for legal ... Continue reading → 

Collectibility or Uncollectibility: It Is Still By A Proponderance Of The Evidence

In Kituskie v. Corbman, it is shown that in order to prevail in a legal malpractice claim arising out of a civil matter, the plaintiff must prove by a preponderance of the evidence that he or she would have prevailed in the underlying matter 682 A.2d 378 (1996).

An Attorney Is Not A Subdivision And Relief Must Be Reasonable

In Veneri v. Pappano, there were two take away points, one for attorneys who work for the government and the other for clients who feel they have been wronged by their attorneys. 622 A. 2d 977 (Pa. Superior 1993).

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