Bacon v. Avis

Plaintiffs, on behalf of a putative class, sued Defendants Payless and Avis for unauthorized charges. Defendants moved to compel Plaintiffs to arbitrate their claims. The Third Circuit Court affirmed, finding the District Court correctly denied the Defendants’ motions. Applying NJ law, the Court ruled that Plaintiffs did not consent to arbitration.

Fischbein v. Olson Research Group

In this pair of appeals, the issue was whether faxes soliciting participation by the recipients in market research surveys in exchange for monetary payments are advertisements within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (b)(1)(C) (“TCPA”), which prohibits the transmission of unsolicited fax advertisements. The District Court ruled that such … Read more

Rolon v. Davies

#CivilLaw #MedMal #ExpertTestimony 04/28/2020- Rolon, as the administrator of the estate of Maria Sanchez-Rodriguez, filed med mal action against Davies as well as others, alleging the defendants’ negligence led to the death of his wife, Ms. Sanchez-Ridriguez. The jury returned a verdict for the defendants, and Rolon appealed. The Superior Court affirmed in part and … Read more

Selective Way Ins. v. MAK Services

#CivilLaw #SummaryJudgment 04/24/2020- MAK Services is exclusively in the business of snow and ice removal. MAK Services obtained liability insurance (“the Policy”) for its operations from Selective Way. The Policy excluded various types of coverage. Among these exclusions was one titled “Exclusion – Snow and Ice Removal.” After an individual slipped and fell at a location that MAK … Read more

NJ DEP v. Midway Beach Condo. Assoc.

#CivilLaw #Condemnation 04/16/20- In this condemnation action, Midway Beach Condominium Association (Midway) appealed a final judgment in favor of the Department of Environmental Protection (DEP), allowing DEP to take a portion of Midway’s private property for an easement as part of a shore protection system. The Court ruled that the trial court did not err … Read more