Escobar v. Mazie, ___ N.J. Super. ___ (App. Div. 2019). This appeal arose out of an order disqualifying every attorney at the law firm of Mazie Slater Katz & Freeman, LLC except Adam Slater from representing the firm or one of its principals, David Mazie, in defense of this malpractice action. Slater certified that he had had no involvement in the underlying matter. Plaintiff successfully argued in the Law Division that Rule of Professional Conduct 3.7 precluded Mazie and most others at the firm from participating in the defense of depositions because those attorneys would be necessary...

J.H. v. R&M Tagliereni, LLC, ___ N.J. ___ (2019). [There was the potential of a guest post regarding this case, but that did not pan out. That’s the reason for the delay in this post.] This was a tragic case, in which the Supreme Court split 5-2. Plaintiff, a nine-month old infant, was severely burned when he rolled from a bed into an uncovered radiator in his family’s apartment, which was leased from defendants. Plaintiff and his guardian ad litem sued for his injuries, claiming negligence by the landlord in failing to cover the radiator. The Law Division granted summary...

Cameron v. South Jersey Pubs, Inc., ___ N.J. Super. ___ (App. Div. 2019). As discussed here, in Dugan v. TGI Friday’s, Inc., 231 N.J. 24 (2017), the Supreme Court rendered a split decision on class certification in two consolidated consumer action cases involving drink prices at TGI Friday’s restaurants. Those cases sought damage classes under Rule 4:32-1(b)(3). [Disclosure: My partner Susana Cruz Hodge and I filed an amicus brief in the Dugan cases on behalf of the Consumers League of New Jersey]. This case was a follow-on, in which only an injunctive relief class, under Rule...