In a precedential opinion, the United States Court of Appeals for the Third Circuit held that a non-intended recipient of an automated telephone solicitation has legal standing to sue Bank of America for violating the Telephone Consumer Protection Act, 42 U.S.C. § 277. Leyse v. Bank of America, N.A., Case No. 14-4073 (3rd Cir., October 14, 2015). ...
In a decision sure to grab the attention of the New Jersey workforce, today the New Jersey Supreme Court unanimously ruled that an employer can recover the salary of an employee who breaches his duty of loyalty to the employer, without the necessity of the employer proving economic loss as a result of the duty breach. Kaye vs. Rosefielde, Docket ...
In a precedential opinion issued on June 30, 2015, the United States Court of Appeals for the Third Circuit affirmed the lower court's dismissal of a putative class action complaint filed by a consumer against a law firm and its client for allegedly violating a provision of the Fair Debt Collection Practices Act ("FDCPA") that prohibits a debt coll...
It's the rare occasion that a prior recorded mortgage is held to be inferior to a subsequently recorded mortgage. But that was the ruling by the New Jersey Appellate Division in a decision published on June 17, 2015. Rosenthal & Rosenthal vs. Riker, Danzig, Sherer, Hyland & Peretti, L.L.P., (Docket No. A-2890-13T3 (App. Div. 2015). This...
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