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August 14, 2006 |

Muhammad v. County Bank of Rehoboth Beach et al

A class-arbitration waiver in a consumer contract is unenforceable as being unconscionable; the public interest at stake in effectively pursing statutory rights under this State's consumer protection laws overrides the right to seek enforcement of the class-arbitration bar.
6 minute read
January 17, 2005 |

Corbo v. Elliot et al

Consistent with the goals of Best Practices, the track assignment in a case involving multiple causes of action that, if filed separately, would be assigned to different tracks with different presumptive discovery periods, should be based on the predominant or fundamental causes of action in the case; here, where the predominant claims sound in tort, the case is assigned to Track II.
10 minute read
June 28, 2007 |

Trinity Church v. Atkin Olshin Lawson-Bell et al

Plaintiff's complaint alleging construction defects was properly dismissed because it was filed beyond the statute of limitations which, by contract, ran from the date of substantial completion, and because plaintiff failed to provide evidence of inequitable conduct by defendants.
4 minute read
September 13, 2007 |

New York Susquehanna and Western Railway Corporation v. Jackson

The Interstate Commerce Commission Termination Act does not pre-empt state regulation if it is nondiscriminatory and not unreasonably burdensome.
5 minute read
May 30, 2005 |

Cumberland Mutual Fire Insurance Co. v. Murphy et al

An equally divided Court affirms the Appellate Division decision that the exclusionary clauses in this homeowner's insurance policy, for "willful harm" or "knowing endangerment" and "knowing violation of penal law," do not exclude coverage for the injuries that resulted when the insureds' teenage son, while intentionally firing a BB gun at passing cars, struck a driver, blinding her in one eye, since the circumstances did not support a presumption that he harbored a subjective intent to injure anyone.
17 minute read
June 23, 2003 |

The Official Committee of Unsecured Creditors of Cybergenics Corporation v. Chinery, etc., et al,

Bankruptcy courts may authorize creditors' committees to sue derivatively to avoid fraudulent transfers for the benefit of the estate; Hartford Underwriters Ins. Co. v. Union Planters Bank, a Chapter 7 case that interpreted the text of 11 U.S.C. � 506(c) to foreclose anyone other than a trustee from seeking to recover administrative costs on its own behalf, does not operate to prevent the Bankruptcy Court from authorizing such suits; the judgment of the District Court is reversed.
8 minute read
March 12, 2010 |

Inadmissible

Short takes on lawyers, firms and judges.
5 minute read
September 30, 2002 |

The Official Committee of Unsecured Creditors of Cybergenics Corporation,

A creditors' committee may not assert fraudulent-transfer claims under 11 U.S.C. � 544 of the Bankruptcy Code; the plain language of � 544 and Hartford Underwriters, holding that an administrative claimant of a Chapter 7 bankruptcy estate does not have an independent right to bring suit under 11 U.S.C. � 506(c), allow only the trustee or debtor-in-possession to assert fraudulent-transfer claims, and a creditor or creditors' committee may not bring such avoidance actions derivatively; the dismissal
8 minute read
April 05, 2004 |

Hardwicke v. American Boychoir School et al, etc.,

In these consolidated appeals, where plaintiffs allege that they were the victims of sexual abuse by employees of defendant, a private, non-profit school, while they were boarding students there, the trial court erred in dismissing their claims against the school under the Child Sexual Abuse Act (CSAA) since, notwithstanding its status as a corporate entity, there is no impediment to including the school ? which operated in an in loco parentis capacity with respect to its students and as a "household" wi
26 minute read
April 23, 2010 |

Calendar

Calendar of events.
7 minute read

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