Midland Funding, LLC v. Bordeaux, ___ N.J. Super. ___ (App. Div. 2016).  This was a small claims case in which plaintiff sought to collect a consumer debt as to which it was an assignee.  After defendant filed an answer and a counterclaim under the Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq., plaintiff answered that counterclaim, and the parties began discovery, plaintiff moved to compel arbitration.  That motion was based on submission of a purported arbitrat

Tagayun v. AmeriChoice of New Jersey, Inc., 446 N.J. Super. 570 (App. Div. 2016).  As Judge Higbee noted in her opinion for the Appellate Division today, Rule 1:4-8 or N.J.S.A. 2A:15-59.1, which afford sanctions for frivolous litigation, “must both be interpreted strictly against the applicant for an award of fees.”  Sanctions are not warranted whenever “a party is wrong about the law and loses their case.”  Today’s opinion reversed two

Chassen v. Fidelity Nat’l Financial, Inc., 836 F.3d 291 (3d Cir. 2016).  [Disclosure:  I was an expert witness for plaintiffs in this case, but my Declaration and deposition testimony was not the subject of, or referred to in, this opinion].  This was a putative class action involving allegedly improper charges, ranging from $70 to $350, stemming from the recording of deeds and mortgages.  Though there were arbitration clauses in defendants’