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:

Dec 4

The Third Circuit Overrules a Precedent “On an Important Question of Maritime Law”

Posted by on Dec 4, 2017 in Notable opinion writing, Standards of review, Summary judgment, Third Circuit Court of Appeals | 0 comments

Joyce v. Maersk Line Ltd., 876 F.3d 502 (3d Cir. 2017).  Today’s decision by Judge Jordan for a unanimous en banc court began with a pun and continued as follows: “Today we stop swimming against the tide of opinion on an important question of maritime law.  Following the lead of several of our sister circuits, we now hold that a union contract freely entered by a seafarer– a contract that includes rates of maintenance, cure, and and unearned wages– wi

Jan 20

Plaintiffs Have Standing to Sue for Data Breaches That Violate the Fair Credit Reporting Act, Even Without More “Concrete” Injury

Posted by on Jan 20, 2017 in Class actions, Constitutional law, Effect of decisions by other courts, Judges, Third Circuit Court of Appeals | 0 comments

In re Horizon Healthcare Services Inc. Data Breach Litig., 846 F.3d 625 (3d Cir. 2017).  [Dislcosure:  My firm, Lite DePalma Greenberg, LLC, is co-lead counsel for the successful plaintiffs in this appeal].  Horizon Healthcare Services, Inc. (“Horizon”) provides health care insurance to millions of New Jersey citizens.  Horizon kept insureds personal identifying information on laptop computers.