Publications
New Third Circuit Decision Limiting Taxable Costs for E-Discovery in Federal Court
The Third Circuit Court of Appeals has handed down an important decision clarifying—and sharply limiting—the costs for electronic discovery that may be taxed against a losing party. In Race Tires America, Inc. et al., v.
Special Case Law Alert - May 27, 2012
Economic loss doctrine precludes negligent misrepresentation claim against design engineer.
In this construction defect case, the court dismissed claims of negligent misrepresentation, fraud and misrepresentation, interference with existing contracts and common law conspiracy against the defendant design engineer.
Case Law Alert - 2nd Qtr 2012
Court finds no “ascertainable loss” where cost to complete does not exceed contract price.
In a recent unreported decision from the Superior Court of New Jersey, Appellate Division, the court upheld the trial judge’s finding that the breach of contract claims of both the homeowner and the contractor should be dismissed, as should
Case Law Alert - 2nd Qtr 2012
Award of balance of contract amount to electrical contractor upheld on appeal.
In this residential construction breach of contract case, Shoreline Electrical Contractors, Inc. (“Shoreline”) claimed to have completed all of its scope of work except for the installation of two electrical outlets.
Case Law Alert - 2nd Qtr 2012
Individual liability imposed under the Consumer Fraud Act.
In yet another decision addressing the scope of personal liability under the New Jersey Consumer Fraud Act (“CFA”), the Superior Court of New Jersey, Appellate Division, reversed a trial court’s decision to not impose personal li
Case Law Alert - 2nd Qtr 2012
The motor vehicle accident report privilege does not apply to a non-occupant witness.
The appellee personal representative filed a wrongful death action against the appellants, a driver and her spouse. The Polk County Circuit Court entered final judgment in favor of the appellee, and the appellants sought review.
Case Law Alert - 2nd Qtr 2012
A claimant cannot recover PIP payments for an EMG test performed by a licensed physician assistant as physician assistants are not authorized to perform EMG tests under New Jersey law.
The New Jersey Supreme Court upheld the Appellate Division's holding that the plain language of N.J.S.A. § 45:9-5.2(a) limited performances of EMGs to those who are licensed to practice medicine and surgery in the state of New Jersey.
Case Law Alert - 2nd Qtr 2012
No punitive damages for talking on a cellular telephone while driving.
The plaintiff alleged in the amended complaint that the defendant's vehicle had crossed into her lane and hit her vehicle because he was talking on his cellular telephone while driving.
Case Law Alert - 2nd Qtr 2012
As a matter of first impression, the judgment imposed on a licensed driver under the Parental Liability Act did not warrant license suspension as the judgment did not arise under the Motor Vehicle Financial Responsibility Law.
As a matter of first impression, the Commonwealth Court affirmed the trial court's holding that a judgment imposed on a licensee under the Parental Liability Act was not a judgment arising from a motor vehicle accident under the Motor Vehicle
Case Law Alert - 2nd Qtr 2012
Delaware law regarding premises liability – duty of care – licensees/trespassers.
The Supreme Court reaffirmed the Delaware common law rule in premises liability cases that property owners/possessors must refrain from willful and wanton conduct toward trespassers and licensees.
Case Law Alert - 2nd Qtr 2012