May 15

When Does the FDCPA Statute of Limitations Begin to Run? The Circuit Courts Now Disagree.

Posted by on May 15, 2018 in Effect of decisions by other courts, Judges, Statutory interpretation, Third Circuit Court of Appeals | 0 comments

Rotkiske v. Klemm, ___ F.3d ___ (3d Cir. 2018).  The Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq. (“FDCPA”), states that an action to enforce liability thereunder may be brought “within one year from the date on which the violation occurs.”  Today, in a unanimous en banc opinion, the Third Circuit, speaking through Judge Hardiman, ruled that that language means what it says, and that the statute of limitations runs from “the date on which the vio

Apr 27

Digging Out

Posted by on Apr 27, 2018 in Constitutional law, Consumer protection, Criminal law, Judges, Statutory interpretation, Summary judgment, Supreme Court of New Jersey, Third Circuit Court of Appeals | 0 comments

This past Monday, I argued two appeals in the Supreme Court of New Jersey.  They were the Accutane matters discussed here and here.  In the period leading up to those arguments, and the days following, the courts continued to issue opinions.  Here are brief summaries of some of the most significant of those rulings:

Apr 11

Two Nominees for the Third Circuit

Posted by on Apr 11, 2018 in Third Circuit Court of Appeals | 0 comments

The White House announced two nominees to fill seats on the Third Circuit Court of Appeals.  They are Paul Matey of New Jersey and David Porter of Pennsylvania.

Matey is currently senior vice president and general counsel of University Hospital in Newark.  He is a graduate of the University of Scranton and Seton Hall School of Law, where he was editor in chief of the Seton Hall Law Review.  He then clerked for United States District Court Judge John Lifland and Third Circuit Judge Robert Cowen.  Matey then went into private practice at the Washington, DC firm of Kellogg Huber.