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...
The New Jersey Appellate Division delivered a 'clunker' to a Bergen County auto dealership by affirming a trial court judge's opinion that found the dealership violated the New Jersey Consumer Fraud Act in the sale of a used Rolls Royce to a North Carolina man. Bishop vs. Richard Catena Auto Wholesalers, Inc., Superior Court of New Jersey, Appellat...
Assume your organization or an individual in your company has been served with a federal court subpoena demanding the production of documents in connection with pending litigation in the United States District Court for the District of New Jersey. Further assume that your company president maintains that the document demands specified in the sub...
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