Sun Life Assurance Co. of Canada v. Wells Fargo Bank, N.A., ___ N.J. ___ (2019). This appeal came to the Supreme Court via questions certified by the Third Circuit Court of Appeals in the area of insurance. Some such certified question appeals can be rather dry. In contrast, the opening paragraph of Chief Justice Rabner’s opinion today, for a unanimous Court, whets one’s appetite to read more: read more

The Supreme Court announced late yesterday that it has granted certification in three cases. Two of the matters produced published opinions in the Appellate Division. read more

On May 30, 2001, the Supreme Court decided Packard-Bamberger & Co. v. Collier, 167 N.J. 427 (2001). Writing for a unanimous Court, Justice Verniero held that a corporate director who had also acted as counsel to the corporation could be liable for an award of attorneys’ fees in an attorney misconduct action against him by that corporation and a shareholder. The attorney was found to have engaged in intentional misconduct by failing to disclose a third party’s offer to purchase corporate property, and by assisting another director in purchasing stock that the corporation also sought to purchase. read more

Mauthe, M.D., P.C. v. Optum Inc., ___ F.3d ___ (3d Cir. 2019). Plaintiff, a medical practice, received an unsolicited fax from defendants. Defendants maintain a database of healthcare providers, a database that they sell to various entities. To keep the database current, defendants send unsolicited faxes to listed providers, asking them to respond and correct any inaccurate information. Defendants’ faxes explain that, and say that “This is not an attempt to sell you anything.” read more

The Port Authority of New York and New Jersey v. The Port Authority of New York and New Jersey Police Benevolent Ass’n, ___ N.J. Super. ___ (App. Div. 2019). Today’s decision by Judge Gibbons Whipple focuses on the question of “whether the Port Authority, as a bi-state public corporate instrumentality, is subject to New Jersey arbitration law.” The issue arose in the context of an arbitration of a grievance filed by a member of the defendant union regarding whether his absence from work was to be treated as sick leave or injury in the line of duty. The relevant collective bargaining agreement provided for a multi-step grievance procedure that culminated in arbitration. read more

Home Depot U.S.A., Inc. v. Jackson, ___ U.S. ___ (2019). Among other changes made by the so-called Class Action Fairness Act of 2005, 28 U.S.C. 1453(b) (“CAFA”) made it easier for class action defendants to remove to federal court putative class action cases filed in state courts. That provision states that a class action may be removed by “any defendant without the consent of all defendants.” CAFA supplemented the general removal statute, 28 U.S.C. 1441(a), which permits removal of any civil action “by the defendant or the defendants.” read more

The Eastern District of Pennsylvania has promulgated a new policy regarding cameras and personal electronic devices for all of its courthouses. The new policy, which is embodied in a standing order that is available here, goes into effect on June 3, 2019. Because the Byrne Courthouse, where the Third Circuit sits, is covered by this standing order, the policy will affect counsel and parties with matters at the Third Circuit. read more

In re Avandia Marketing, Sales Practices and Products Liability Litigation, ___ F.3d ___ (3d Cir. 2019). This appeal had an unusual subject: whether certain documents that defendant GlaxoSmithKline (“GSK”) had designated as confidential in the District Court, pursuant to a protective order, but which were filed in connection with summary judgment proceedings, could go into the joint appellate appendix on plaintiffs’ appeal of that summary judgment ruling. GSK sought to keep the documents confidential on appeal. Plaintiffs disagreed, but the District Court largely sided with GSK and entered post-judgment sealing orders. read more