Standards of review

Class of Kia Vehicles Owners Was Entitled to Damages Based on Aggregate Figures Rather Than Individual Damage Assessments

Little v. Kia Motors America, Inc., 455 N.J. Super. 411 (App. Div. 2018). Class actions notoriously take a long time. But the case in which Judge Koblitz issued a decision...

Courts Find Attorneys' Fee Disputes "Hellish," Especially Where "The Adversaries Fan the Flames at Virtually Every Opportunity"

United States of America ex rel. Palmer v. C&D Technologies, Inc., 897 F.3d 128 (3d Cir. 2018). Today's opinion by Judge Greenberg (no relation) in a False Claims Act case...

The Third Circuit Clarifies CAFA's "Local Controversy Exception" on Unusual Facts

Walsh v. Defenders, Inc., 894 F.3d 583 (3d Cir. 2018). The "local controversy" exception to federal jurisdiction over putative class actions under the so-called Class Action Fairness Act of 2005,...

McCarrell Choice of Law Analysis Goes Against Legal Malpractice Plaintiff

MTK Food Services, Inc. v. Sirius America Ins. Co., 455 N.J. Super. 307 (App. Div. 2018). In McCarrell v. Hoffman-LaRoche, Inc., 227 N.J. 569 (2017), discussed here, the Supreme Court...

No "Dead End" for New Jersey Civil Rights Act Plaintiff, So Her NJCRA Claim Fails

Harz v. Borough of Spring Lake, 234 N.J. 317 (2018). The New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 ("NJCRA") is, in general, the New Jersey analog to the...

In Rare Cases, Attorneys' Fees and Costs May be Awarded When Case is Voluntarily Dismissed With Prejudice

Carroll v. E One, Inc., 893 F.3d 139 (3d Cir. 2018). Near the start of his opinion in this case, Chief Judge Smith observed that "[a]ttorneys' fees and costs are...

Rice Letters, and Making Meeting Minutes of Public Bodies "Promptly Available," Under the Open Public Meetings Act

Kean Federation of Teachers v. Morell, 233 N.J. 566 (2018). Yesterday's opinion by Justice LaVecchia reversed in part and affirmed as modified a decision of the Appellate Division that was...

"Time of Application" Rule for Development Kicks in When All Documents Required by Ordinance Are Submitted

Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 233 N.J. 546 (2018). In a development application under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. ("MLUL"), the law...

Municipal Official Whose Appointment Was Ultra Vires and Void Must Disgorge the Pay He Received

City Council of the City of Orange v. Edwards, 455 N.J. Super. 261 (App. Div. 2018). Willis Edwards III, the subject of today's decision by Judge Currier, is a former...

No Attorneys' Fees for Retired Public Employee Who Successfully Sued to Enforce Agency Decision Regarding His Pension

Brunt v. Board of Trustees, Police & Firemen's Retirement System, 455 N.J. Super. 357 (App. Div. 2018). In general, except as specified by statute, court rule, or a contract between...

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