“Not True,” Says The Plaintiff. But That’s What You Allege in Your Federal Court Complaint! The Concept of Binding Judicial Admissions
We live in a fast paced world of the digital age. Multiple drafts of legal documents fly back and forth in emails exchanged between attorneys and their clients. A client gives his attorney the basic facts and documents to commence a federal court action. The attorney and client review multiple drafts, but somewhere along the line a mistake is mad...
An Overview of the Daubert Standard Governing Admissibility of Expert Opinions in Federal Court
Federal court practitioners and litigants must be mindful of the need to retain qualified and effective expert witnesses whose opinions satisfy the criteria for admissibility under the Federal Rules of Evidence, as initially established by the United States Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1...
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New Jersey Appellate Division Endorses ‘Neither Confirm Nor Deny’ Response to Public Records Request
NJ OPRA Request Exemption Recognized by NJ Appeals Court
Striking a blow to news media, and representing a victory for privacy advocates, in a landmark ruling the New Jersey Appellate Division denied the Bergen Record Newspaper's Open Public Records Act ("OPRA") request directed to the Bergen County Prosecutor demanding access to records concern...
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NJ Supreme Court Declares Law Firm’s Subsequently Recorded Mortgage Trumps Factoring Company’s Earlier Recorded Optional Advance Mortgages
Mortgage Priority Optional Advances New Jersey
In a unanimous decision issued on July 21, 2016, the New Jersey Supreme Court affirmed the Appellate Division's decision granting priority to a law firm's subsequently recorded mortgage over the pre-existing recorded mortgages held by a factoring company.
We initially reported on this case in 2015 wh...