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The Civil Practice Rules Committee has made several recommendations for rule changes in New Jersey, which, if enacted, will affect the way lawsuits are handled in the state. Two proposed amendments in particular affect pleadings. The first proposal would benefit...

PA District Court: DPW Not Entitled to Full Amount of Lien Against Settlement Between Plaintiff and Philadelphia Housing Authority

In a memorandum opinion, the District Court for the Eastern District of Pennsylvania held that the PA Department of Public Welfare ("DPW") was not entitled to the full amount of its lien against the settlement between a plaintiff and the Philadelphia Housing...

Superior Court Permits Contractor to Recover Post-Judgment Interest, Penalties, Attorney’s Fees and Expenses Under the Contractor and Subcontractor Payment Act

In Zimmerman v. Harrisburg Fudd I, L.P., 2009 Pa.Super. 202 (2009), the Pennsylvania Superior Court, in interpreting the Contractor and Subcontractor Payment Act (CASPA), permitted plaintiff (contractor) to recover post-judgment interest, penalties, attorney's...

Superior Court of New Jersey Affirms Decision Refusing to Allocate Proceeds Following Settlement after Non-Binding Arbitration Award

In a per curiam opinion, the Superior Court of New Jersey, Appellate Division, affirmed the Law Division decision refusing to allocate proceeds following a settlement after a decision from a non-binding arbitration award which specifically allocated funds for medical...

Court Rejects Oral Modification to Written Agreement of Sale

In The Herrick Group & Associates, LLC v. K.J.T., L.P., Civil Action No. 07-CV-00628, U.S. Magistrate Judge Timothy R. Rice held that defendant (seller) did not prove the existence of an oral agreement to modify a written agreement of sale with plaintiff...

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Committee Proposes Amendments to New Jersey Rules

PA District Court: DPW Not Entitled to Full Amount of Lien Against Settlement Between Plaintiff and Philadelphia Housing Authority

Superior Court Permits Contractor to Recover Post-Judgment Interest, Penalties, Attorney’s Fees and Expenses Under the Contractor and Subcontractor Payment Act

Superior Court of New Jersey Affirms Decision Refusing to Allocate Proceeds Following Settlement after Non-Binding Arbitration Award

Court Rejects Oral Modification to Written Agreement of Sale

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