Schmitt v. State Farm Auto Ins. Co.

In Schmitt v. State Farm Ins. Co., State Farm appealed the trial court’s grant of partial summary judgment. Critically, the trial court resolved the appellee’s declaratory-judgment action but did not resolve the issue of damages. The Superior Court quashed the appeal as interlocutory and unreviewable. The Court analogized the case to Bolmgren v. State Farm … Read more

Grove v. Lutz

Grove v. Lutz involved Seller’s attempt to extend a lease, and collect the lease payments, on a property after Seller had sold the property to Buyers. In 2015, twelve years after Seller sold the property to Buyers, Seller entered into an amended lease to continue to collect rents from a tenant on the property. Even … Read more

Wilson v. Dir., Off. of Workers’ Comp. Programs

The 3rd Circuit appears to have closed out 2020 with a bang: it changed the style of its opinions. It’s first published opinion under the new format is Wilson v. Dir., Off. of Workers’ Comp. Programs. That case deals with the hot-button issue of what constitutes “navigable waters” under the Longshore and Harbor Workers’ Compensation … Read more

Clark v. Nenna

Clark v. Nenna arose out of a surgical procedure that the defendant performed on the plaintiff. The plaintiff alleged emotional distress caused by the defendant’s professional negligence, i.e., failure to remove surgical washers from the plaintiff’s leg. The plaintiff did not allege that the defendant’s conduct was intentional or willful. The nature of the plaintiff’s … Read more

Raynor v. D’Annunzio

In Raynor v. D’Annunzio, the Pennsylvania Supreme Court played the role of a stern parent to two petulant children. The litigation that spawned this case is well-covered in the media. This particular appeal arose when Nancy Raynor — defense counsel in an earlier medical malpractice trial — commenced a Dragonetti Action against the plaintiff’s counsel … Read more

Acme Markets, Inc. v. Seltzer

In Acme Markets, Inc. v. Seltzer, the Superior Court played the numbers. The resulting opinion — centered on conversion — is well worth the read. A customer went into an Acme supermarket and asked to buy five scratch-off lottery tickets. The employee printed one ticket containing five sets of numbers. The customer looked at the … Read more

Goodwin v. Goodwin

In Goodwin v. Goodwin, Husband challenged the trial court’s equitable distribution of the marital estate in the divorce proceedings between him and Wife. Husband and Wife were together for decades and were never previously married. Wife was Son’s biological mother, though Husband was not the biological father and did not adopt Son. Son died before … Read more

Bourgeois v. Snow Time, Inc.

In February 2013, the plaintiffs purchased a snow tubing season pass from the defendant mountain resort. The reverse side of the season pass contained a release agreement, which provided that the signatory both assumed all the risks of snow tubing and released the resort from liability.  Plaintiff skimmed the release agreement and signed it. The … Read more

Ippolito v. Ippolito

Ippolito v. Ippoplito involved a dispute about an attorney’s lien asserted by one of Husband’s former attorneys on an escrow account holding the net proceeds of a sale of marital property. During the divorce proceeding, the trial court recognized Husband’s theoretical entitlement to half the marital assets, but, because Husband failed to comply with his … Read more

Johnson & Johnson v. Dir., Div. of Tax’n

The New Jersey Supreme Court wisely declined the opportunity to jump into the wormhole of self-procured insurance issued by unauthorized, out-of-state insurers. Instead, in Johnson & Johnson v. Dir., Div. of Tax’n, the Court issued a per curium opinion affirming the Appellate Division’s ruling. The Appellate Division held that 2011 amendments to N.J.S.A. 17:22-6.64 did … Read more