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7,009 changes

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GEICO v. Mayzenberg - Insurance Reimbursement Dispute

The Second Circuit Court of Appeals vacated a lower court ruling that allowed GEICO to deny no-fault insurance reimbursements to healthcare providers based on alleged kickbacks for patient referrals. The court remanded the case for further proceedings following a clarification from the New York Court of Appeals.

Priority review Enforcement Insurance
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Mar-Can Transport vs. Pension Fund - ERISA Withdrawal Liability

The Second Circuit Court of Appeals affirmed a lower court ruling, directing the Local 854 Pension Fund to reduce Mar-Can Transportation Company's ERISA withdrawal liability by $1.8 million. The decision clarifies the interpretation of "unfunded vested benefits" under ERISA Section 1415(c) when an employer switches multiemployer pension plans due to union representation changes.

Priority review Enforcement Pensions & Retirement
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SBK Art LLC v. Akin Gump Strauss Hauer & Feld LLP - Discovery for Foreign Litigation

The Second Circuit affirmed a district court's order granting SBK Art LLC's petition for discovery under 28 U.S.C. ยง1782 in aid of foreign litigation. The court held that the district court did not abuse its discretion in allowing discovery from Akin Gump Strauss Hauer & Feld LLP, even though the documents might not be directly discoverable from the client abroad.

Priority review Enforcement Judicial Administration
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Reidy Contracting Group, LLC v. Mt. Hawley Insurance Company - Insurance Coverage Dispute

The Second Circuit affirmed a district court's judgment, holding that Mt. Hawley Insurance Company must provide additional insured coverage to Reidy Contracting Group, LLC. The court found Reidy was an additional insured and that the Employers Liability Exclusion was ambiguous and should be construed against Mt. Hawley.

Priority review Enforcement Insurance
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Ottmann v. Hanlon - Business Dispute Appeal

The New Jersey Superior Court Appellate Division affirmed most trial court orders in the business dispute between Robert Ottmann and Christopher Hanlon. However, the appellate court reversed the dismissal of a claim based on res judicata, finding the issue regarding a K-1 tax form arose after prior litigation.

Routine Enforcement Judicial Administration
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State of New Jersey v. David D. Martinez - Criminal Appeal

The New Jersey Superior Court Appellate Division issued a non-precedential opinion in the case of State of New Jersey v. David D. Martinez. The defendant was convicted of felony murder, armed robbery, conspiracy, and weapons offenses, and sentenced to thirty years in prison. The appeal raises issues regarding lesser-included offense instructions and the admissibility of lay-opinion testimony.

Routine Enforcement Criminal Justice
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New Jersey v. Jaibre Parker - Court Opinion

The New Jersey Superior Court Appellate Division affirmed the denial of a post-conviction relief petition filed by Jaibre Parker. The court found no error in the lower court's decision not to conduct an evidentiary hearing, upholding the denial of the petition.

Routine Enforcement Criminal Justice
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Apache Auto Wreckers v. Ridgefield Park Zoning Board - Zoning Dispute

The New Jersey Superior Court Appellate Division reviewed a zoning dispute involving Apache Auto Wreckers, Inc. and the Village of Ridgefield Park Zoning Board. The court affirmed the trial court's order remanding the matter to the Board to re-open the hearing regarding the plaintiff's application.

Routine Enforcement Environmental Protection
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DCPP v. A.T. - Guardianship of C.J. III

The New Jersey Superior Court Appellate Division issued an opinion in DCPP v. A.T., concerning the termination of parental rights for a minor, C.J. III. The parents are appealing the trial court's judgment, arguing deficiencies in the court's analysis regarding the child's best interests and the harm caused by termination.

Priority review Enforcement Judicial Administration
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Mario Quesada v. Compassion First Pet Hospitals - Court Opinion

The New Jersey Superior Court Appellate Division affirmed a jury verdict of no cause found in favor of Compassion First Pet Hospitals and Red Bank Veterinary Hospital in a case brought by Mario Quesada. The opinion is designated as non-precedential.

Routine Enforcement Judicial Administration

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