These appeals and cross-appeal are taken from final judgments, entered in accordance with Federal Rule of Civil Procedure 54(b), in a pair of qui tam actions consolidated for litigation in the Eastern District of Virginia. By its Order of February 14, 2012, the district court: (1) assessed a single civil penalty in the sum of $5,500 in favor of the United States, intervening in substitution of rel... More...    $0 (01-08-2014 - NJ)

In 2009, Appellant Ryan Hart (“Appellantâ€� or “Hartâ€�)1 brought suit against Appellee Electronic Arts, Inc. (“Appelleeâ€� or “EAâ€�) for allegedly violating his right of publicity as recognized under New Jersey law. Specifically, Appellant‟s claims stemmed from Appellee‟s alleged use of his likeness and biographical information in its NCAA Football series of videogames. The District ... More...    $0 (05-21-2013 - nj)

Plaintiff William C. Buchanan (Buchanan) appeals from an order entered by the Law Division on December 16, 2011, which granted a motion by defendants Jeffrey Leonard (Leonard) and Morgan, Melhuish, Arbrutsyn (Morgan Melhuish)1 for summary judgment and dismissed Buchanan's complaint with prejudice. For the reasons that follow, we affirm in part, reverse in part and remand for further proceedings.More...    $0 (10-09-2012 - NJ)

Plaintiff Kelly Ramos appeals the Law Division's April 29, 2011 order granting defendant Herbert Flowers' motion for summary judgment and dismissing his complaint with prejudice. We reverse and remand for further proceedings consistent with this opinion.

I.

We discern the following facts and procedural history from the record on appeal. Because we are reviewing a motion for summary j... More...    $0 (09-22-2012 - NJ)

Donald Trump, the plaintiff in a suit for defamation, appeals from a Law Division order granting summary judgment to defendants, Timothy O'Brien, the author of TrumpNation, The Art of Being The Donald, and his publishers, Time Warner Book Group, Inc. and Warner Books, Inc.1 On appeal, Trump contends that he produced clear and convincing evidence of actual malice on the part of O'Brien and that iss... More...    $0 (09-13-2011 - NJ)

Michele SimmsParris brought this action under the Fair Credit Reporting Act (“FCRAâ€�), 15 U.S.C. §§ 1681–1681x, to recover for the reporting of what she asserts was false information about her mortgage repayments. The United States District Court for the District of New Jersey, determining that SimmsParris had not properly presented her claim as required by the FCRA, granted summary judgmen... More...    $0 (07-28-2011 - NJ)

This matter comes on before this Court on an appeal from an order the District Court entered on May 13, 2010, granting the motion of appellees United Health Group, AmeriChoice, and AmeriChoice-New Jersey (collectively “appelleesâ€�) under Federal Rule of Civil Procedure 12(b)(6) to dismiss Charles Wilkins‟ and Daryl Willis‟ (collectively “appellantsâ€�) qui tam action1 based on the False C... More...    $0 (06-30-2011 - NJ)

This civil-rights case was filed after law enforcement officers shot and killed a suspected car thief during a standoff. Immediately prior to the shooting, the suspect had been standing with his right hand concealed in his waistband and appeared to be clutching an object. After being ordered both to show his hands and to freeze, the suspect suddenly pulled his right hand out of his waistband—not... More...    $0 (03-04-2011 - nj)

Defendant John Doe appeals, pursuant to leave granted, from a trial court order denying his motion to quash a subpoena served upon his Internet service provider. After reviewing the record in light of the contentions advanced on appeal, we reverse.

The record before us is sparse. It consists of plaintiff's complaint and the record created in connection with defendant's motion to quash. Fr... More...    $0 (08-03-2010 - NJ)

In a second attempt to obstruct the publication of a book

that is critical of his conduct, plaintiff John C. Berkery

appeals from the summary dismissal of his action against

defendants - author Allen M. Hornblum, and distributors Barnes &

Noble, Inc., Amazon.Com, Inc., Barricade Books, Inc. (NY),

Barricade Books, Inc. (NJ), National Book Network, Inc., Rowman
... More...    $0 (02-19-2010 - NJ)

Plaintiff Yaakov Abdelhak appeals from a Law Division order that dismissed his defamation complaint against defendants, The Jewish Press, Inc., Oleg Rivkin, Richard Scharlat and Gabrielle Tito, for lack of subject matter jurisdiction, pursuant to Rule 4:6-2(a). The judge concluded that plaintiff's claims could not be resolved without excessive entanglement by the court and jury in issues of religi... More...    $0 (12-31-2009 - NJ)

We consider in this appeal the scope and enforceability of exculpatory provisions in a form contract of a fitness club. In that non-negotiable agreement, the club disclaimed liability for "all injuries which may occur" as a result of, among other things, its member's "use of all amenities and equipment," his or her "participation in any activity," "the sudden and unforeseen malfunctioning ... More...    $0 (07-29-2009 - NJ)

Plaintiffs, former employees of defendant Costco Wholesale Corporation of various races and national origins, appeal from an order of summary judgment dismissing their action against Costco and its Hackensack store's Warehouse Manager, A. Daniel Callaghan, charging violations of the New Jersey Law Against Discrimination (NJLAD), N.J.S.A. 10:5-1 to -34, and defamation. On appeal, plaintiffs... More...    $0 (01-10-2009 - NJ)

In January 2006, Donald Trump filed suit in the Superior Court of New Jersey, Camden County, against Timothy O'Brien and his publisher, claiming that O'Brien defamed him by reporting, in his 2005 biographical book, TrumpNation, that "[t]hree people with direct knowledge of Donald's finances, people who had worked closely with him for years, told me that they thought his net worth was somewhere bet... More...    $0 (10-24-2008 - NJ)

Plaintiffs Grant Spinks, Robert Kovacs, and Michael Exley appeal from two orders entered on March 27, 2006, granting summary judgment to defendant The Township of Clinton (Clinton) and defendant Stephen Clancy (Clancy) dismissing plaintiffs' complaint in its entirety. Plaintiffs' complaint alleged retaliation by defendants in violation of plaintiffs' civil rights pursuant to 42 U.S.C.A. § 1983 an... More...    $0 (09-11-2008 - NJ)

This appeal involves a claim brought under the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, by a Jewish police officer who alleged that he was subjected to a hostile work environment based on his religion and ancestry. The principle issue before us is whether the trial court erred in denying a motion for involuntary dismissal and allowing the claim to be decided by the jury. The jury ... More...    $0 (08-05-2008 - NJ)

The issue in this appeal is whether the notice of claim requirements under the New Jersey Tort Claims Act (Act), N.J.S.A. 59:1-1 to 12-3, apply to common law intentional tort claims. The Appellate Division held that the Act's notice requirements did not apply to plaintiff's assault and battery claim against defendant, who is a public employee. Velez v. City of Jersey City, 358 N.J. Super. 224 ... More...    $0 (07-07-2004 - NJ)

These two cases, which we consolidate for the purposes of this opinion, arise from an order for partial summary judgment barring plaintiff from receiving any damages, including compensatory and punitive damages, on any of his claims from March 14, 1997 forward, and a consent order dismissing plaintiff's remaining claims with prejudice followed by an order dismissing a subsequently filed complai... More...    $0 (12-05-2002 - NJ)

Plaintiffs Joseph Dello Russo, M.D., Joseph Dello Russo, M.D., P.A., t/a New Jersey Eye Care Center, Medical Care, P.L.L.C., d/b/a Dello Russo Laser Vision, and Stephanie Dello Russo, filed an appeal of a February 2, 2002 order granting summary judgment to defendants and dismissing their complaint. Their motion for reconsideration was denied. The claims brought by plaintiffs against defendants,... More...    $0 (03-12-2003 - NJ)

Plaintiff, Nancy Velez, a former employee of the City of Jersey City (the City), alleges that defendant Arnold Bettinger, a Jersey City councilman, sexually assaulted her on December 1, 1997. On November 10, 1999, she filed a complaint asserting various common law tort claims, as well as a claim for sexual harassment under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49... More...    $0 (03-11-2003 - NJ)

Defamation and malicious prosecution claims by arising out of a fire that damages the shopping center where the plaintiffs worked in 1997. A fire broke out at the Acme supermarket in Pompton Lakes. Jobes called 911 and Rifenbark attempted unsuccessfully to fight the fire with a fire extinguisher. The shopping center sustained extensive damage and the defendant claimed that the plaintiffs failed... More...    $1114000 (05-07-2002 - NJ)

On June 28, 1996 at 9:30 p.m., plaintiffs, police officers in Jamesburg, stopped a Mercedes Benz in which defendants Raymond Campbell, William Armstrong and Jason Williamson, three young African-American men, the "testers," were riding. Because Williamson, the driver, had changed lanes without signaling, plaintiffs demanded identification of the testers. When Campbell, the back-seat passenger, sai... More...    $0 (05-24-2002 - NJ)

Plaintiff Robert Christie retained an attorney, Robert Jeney, to pursue three claims on his behalf. Christie contends that Jeney negligently allowed the statute of limitations to run on the state-court defamatio... More...    $0 (05-15-2001 - NJ)

Plaintiffs protested the development application made by UEC and Lauletta to construct office condominiums in Washington Township, Gloucester County. Displeased with these protests, UEC and Lauletta filed an action against plaintiffs sounding in defamation, interference with business advantage, and malicious use of process (the Lauletta complaint). Baron represented UEC and Lauletta in that action... More...    $0 (03-30-2001 - NJ)

In this opinion, we examine the appropriate procedures to be followed and the standards to be applied by courts in evaluating applications for discovery of the identity of anonymous users of Internet Service Provider (ISP) message boards. Information contained in postings by anonymous users of ISP message boards can form the basis of litigation instituted by an individual, corporation or busin... More...    $0 (07-18-2001 - NJ)

Defamation action. Plaintiff bought beach club across the street from defendant Schwartz and proceeded over a five year period to expand the property, physically and functionally, with and without required governmental approvals. Defendants rallied neighbors in protest actions which led to the lawsuit filed in October of 1991. Plaintiffs alleged defamation, intentional invliction of emotional dis... More...    $96300 (07-07-1999 - NJ)

Civil rights - Plaintiff was a pilot with Continental Airlines, Inc.. She was Continental's first female captain on the A300 Airbus aircraft. Plaintiff made claims for 1) hostile work environment sexual harassment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. and the New Jersey Law Against Discrimination ("LAD"), N.J.S.A. 10:5-1 et seq.; 2) disparate treatmen... More...    $0 (10-16-1997 - NJ)

Beach of contract, breach of the duty of good faith and fair dealing, tortious interference with prospective economic advantage, tortious interference with contact, defamation, unfair competition, and violation of the Lanham Act with counterclaims for breach of contract, breach of the duty of good faith and fair dealing, tortious interference with prospective economic advantage, and tortion interf... More...    $149475399 (08-28-1997 - NJ)