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Porzio Bromberg & Newman PC | USA | 28 Feb 2013

It pays to discover

In a recent decision by the New Jersey Appellate Division, a defendant employer was rewarded for its fidelity in producing discovery and its


Porzio Bromberg & Newman PC | USA | 9 Sep 2011

Interlocutory appeal involving an inadvertently produced and purportedly privileged document

First Industrial, L.P. v. General Insurance Co. of America, No. A-1705-10 (App. Div. Aug. 29, 2011), arose from environmental property damage at a complex that was owned by the plaintiff’s predecessor in interest.


Porzio Bromberg & Newman PC | USA | 5 Aug 2011

Dismissal of mass tort plaintiff's complaint based on failure to provide discovery upheld

In April 2008, the plaintiff filed a complaint against Novartis Pharmaceuticals Corporation in which she sought damages for injuries that she allegedly sustained as a result of her use of Aredia, which is used to treat hypocalcaemia and bone metastases.


Porzio Bromberg & Newman PC | USA | 26 Jul 2011

Defendant loses appeal but still has chance to vacate underlying judgment

At the end of their three-year relationship, the plaintiff in Ali v. Volo, No. A-4489-09 (App. Div. July 11, 2011), sued the defendant in the Special Civil Part seeking payment for loans and expenditures that she made on his behalf during their relationship.


Porzio Bromberg & Newman PC | USA | 21 Jul 2011

A dismissal without prejudice is not a final, appealable order

New Jersey Court Rule 2:2-3 provides that parties may appeal as of right to the Appellate Division from final judgments that dispose of all claims against all parties.


Porzio Bromberg & Newman PC | USA | 28 Jun 2011

Settlement agreement enforced despite signatory’s failure to sign within the prescribed period

The plaintiff, Horng Technical Enterprise Co., LTD (“Horng”), was a Taiwanese corporation that manufactured computer accessories.


Porzio Bromberg & Newman PC | USA | 2 Jun 2011

Plaintiff's complaint dismissed because of her repeated failure to appear for her deposition

In Berk v. State of New Jersey, No. A-5759-09 (App. Div. May 25, 2011), the trial court dismissed the plaintiff's complaint -- with prejudice -- because she repeatedly failed to appear for her deposition.


Porzio Bromberg & Newman PC | USA | 31 May 2011

Defendant’s application materials for representation by public defender protected by attorney-client privilege

The defendant in In the Matter of Subpoena Duces Tecum on Custodian of Records, Criminal Division Manager, Morris County, ___ N.J. Super. ___ (App. Div. 2011), was indicted by a grand jury on charges of racketeering, falsifying records, failing to file tax returns, failing to pay gross income taxes, money laundering, and various other offenses.


Porzio Bromberg & Newman PC | USA | 5 May 2011

Fellow-servant rule bars third-party claims against a plaintiff’s co-worker

Employees in New Jersey are generally prohibited from suing their employers for injuries suffered in the workplace under the State’s Workers Compensation Act (“Act”).


Porzio Bromberg & Newman PC | USA | 29 Apr 2011

Defendants waited too long to try to undo settlement

Pursuant to Rule 4:50-1, a party may seek relief from a judgment or order for a variety of reasons, like mistake, excusable neglect, newly discovered evidence, or fraud, among others.

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