Litigation

A former solicitor general and a former Supreme Court clerk vigorously sparred before the justices in March over whether indigent persons have a constitutional right to counsel if they face jail for failing to pay child support.

Recent cases highlight how dangerous experts can be when they report that their finding of business value is based on a "calculation."

Almost every health care bankruptcy case involves Medicare or Medicaid payments in some form or fashion. Insolvency professionals should be aware of the many complications of Medicare and Medicaid payments and potential negative consequences in bankruptcy cases.

The Seventh Circuit recently affirmed a ruling that the purchaser of a claim based upon an executory contract that was ultimately rejected by a Chapter 11 DIP is not entitled to cure amounts as part of its allowed claim.

Secured lenders often consider an out-of-court foreclosure as a faster and more efficient alternative to a credit bid sale under Chapter 11. The Second Circuit Court of Appeals has nowthrown a monkey wrench into the foreclosure alternative.

The Pennsylvania Superior Court has upheld an $18.5 million verdict against grocery chains Safeway and Genuardi's because the chains did not file post-trial motions before appealing to the Superior Court.

With plaintiffs filing numerous cases in the Garden State, it is easy to fall into the mindset that New Jersey is for plaintiffs. Do not get caught in that trap and become complacent, filing rote motions and litigating on autopilot.

This article provides a summary and analysis of the recent New Jersey Supreme Court decision, Dean v. Barrett Homes, Inc.; it dealt with the application of the New Jersey Products Liability Act, the economic loss rule, and the integrated products doctrine in a factual context not previously considered by the court.