In this post I examine the attorney witness rule incorporated in New Jersey Rule of Professional Conduct ("RPC") 3.7, and how the Rule can be used to disqualify a lawyer representing a party in litigation when the lawyer possesses factual knowledge of contested issues that go to the heart of the case. Because courts generally are reluctant to dis...
Depending upon the claims and defenses raised in the context of a particular civil lawsuit, the information contained in a party's business or personal income tax return may be a relevant area of inquiry for pretrial discovery. However, most taxpayers will not voluntarily surrender their tax returns simply because the information is being sough...
In this post I examine the doctrine of judicial estoppel in the context of post-bankruptcy litigation of claims, assets or causes of action omitted from a debtor's bankruptcy filing, examining the doctrine's application under federal law in the Third Circuit Court of Appeals and New Jersey state courts. Under federal law, a debtor is required to ...
In a precedential opinion, Baer v. U.S., the United States Court of Appeals for the Third Circuit rejected the claims filed by defrauded investors of Bernard Madoff against the Securities and Exchange Commission ("SEC"), holding that the Federal Tort Claims Act shields the SEC from liability for an exercise of discretion, even if it is abused. The...
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