In an recent, important decision affecting the rights of drivers charged with DWI in New Jersey, the New Jersey Supreme Court ruled that law enforcement officers in the State shall be permitted to continue the use of the Alcotest device on individuals suspected of DWI, notwithstanding flaws in the Alcotest's software that have remained since the ...
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...
On May 13, 2013, partner Glenn R. Reiser filed suit in federal court on behalf of several Fair Lawn, NJ residents who allege to have been defrauded by the online auction website Bidsauce.com. The case is pending in the United States District Court for the District of New Jersey. Geissenberger v. Bidsauce, et al., United States District Court, Di...
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