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Weekly Caselaw Updates

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Repko v. Our Lady of Lourdes Med. Ctr., Inc.

In Repko v. Our Lady of Lourdes Med. Ctr., Inc., the plaintiff's counsel filed a tort action not knowing that his client had died nine months earlier. Upon learning of the plaintiff's passing, and well after the statute of limitations expired, counsel tried to amend the complaint to reflect the…

Repko v. Our Lady of Lourdes Med. Ctr., Inc.
New Jersey Appellate Division

In Repko v. Our Lady of Lourdes Med. Ctr., Inc., the plaintiff’s counsel filed a tort action not knowing that his client had died nine months earlier. Upon learning of the plaintiff’s passing, and well after the statute of limitations expired, counsel tried to amend the complaint to reflect the deceased’s estate as the plaintiff… Continue reading Repko v. Our Lady of Lourdes Med. Ctr., Inc.

Scalla v. KWS, Inc.
Pennsylvania Superior Court

Persuasive legal writing matters. Don’t believe us, ask KWS, Inc. In Scalla v. KWS, Inc., the Superior Court issued a thorough dressing-down of the company’s attempt to reopen a default judgment after its employee purposefully ignored service. KWS, Inc., filed its petition to reopen default judgment late; it filed prolix reply briefs and sur-reply briefs… Continue reading Scalla v. KWS, Inc.

Guiser v. Sieber
Pennsylvania Superior Court

In Guiser v. Seiber the Superior Court quashed the appeal, in part, because the appellant did not wait for the trial court to rule on post-sentence motions and enter judgment. But the Court reviewed an order granting injuctive relief because a party has a right to appeal immediately from such relief. The Court held that the trial… Continue reading Guiser v. Sieber

Seigelstein v. Shrewsbury Motors, Inc.
New Jersey Appellate Division

The Appellate Division in Seigelstein v. Shrewsbury Motors, Inc., reiterated the importance of the “lodestar” principal regarding attorneys fees originally set forth in Rendine v. Pantzer, whereby the starting point in calculating such fees is the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate.

In re Suboxone Antitrust Litig.
3rd Circuit

In the case of In re Suboxone Antitrust Litig., the 3rd Circuit affirmed granting class certification to a group who purchased Suboxone from its manufacturer. The class alleged that the manufacturer engaged in unfair trade practice to drive prescribers away from Suboxone tablets and toward under-the-tongue films in order to drive market share away from… Continue reading In re Suboxone Antitrust Litig.

Bank Leumi USA v. Kloss
New Jersey Supreme Court

In a certified question from the 3rd Circuit, the NJ Supreme Court held Bank Leumi USA v. Kloss that the entire controversy does not preclude a party who is successful in filing a motion to dismiss for failure to state a claim from later bringing a suit arising out of the same transactional facts. 

Temple v. Providence Care Ctr.
Pennsylvania Supreme Court

In Temple v. Providence Care Ctr., the Pennsylvania Supreme Court held that a trial court has the authority to halt proceedings and sua sponte order a mistrial only where there is “exceedingly clear error” that results in “manifest injustice,” notwithstanding the would-be moving party’s failure to preserve the issue.

More than one month after a defense verdict in a non-jury trial, the plaintiff filed a motion for leave to file a post-trial motion nunc pro tunc. The trial court denied the motion, claiming that the plaintiff did not show he was diligent in filing the motion. The Superior Court reversed after finding that the prothonotary… Continue reading Carr v. Michuk

Little v. Kia Motors America
New Jersey Supreme Court

This class action proceeded to trial and the jury agreed with the plaintiffs that the defendant breached express and implied warranties by selling the plaintiffs cars with defective brake pads. The jury awarded $750 to each plaintiff. The trial court granted the defendant’s post-trial motion regarding damages only. The trial court left the verdict intact… Continue reading Little v. Kia Motors America

LVNV Funding v. DeAngelo
New Jersey Appellate Division

The defendant defaulted on an automobile loan and the plaintiff held the note. The plaintiff filed this debt-collection action after the four-year statute of limitations set forth in the Fair Debt Collection Practices Act lapsed. The defendant did not respond to the complaint. The plaintiff was thus granted default judgment on the claim. Eight years… Continue reading LVNV Funding v. DeAngelo