Lite DePalma Greenberg, LLC Firm News Feedhttps://www.litedepalma.com/?t=39&format=xml&directive=0&stylesheet=rss&records=10en-us06 Aug 2020 00:00:00 -0800firmwisehttp://blogs.law.harvard.edu/tech/rssSusana Cruz Hodge was appointed as a member of the Executive Committee in In re Robinhood Outage Litigationhttps://www.litedepalma.com/?t=40&an=110779&format=xml&p=6944<p><strong>Susana Cruz Hodge</strong> was appointed as a member of the Executive Committee in <em>In re Robinhood Outage Litigation,</em> No. 20-01626-JD (N.D.C.A.). The case was filed on behalf of users of Robinhood&rsquo;s trading platform who were unable to access their brokerage accounts on March 2, 2020, a day that saw the biggest ever point gain in a single day with Dow Jones Industrial Average rising over 1,294 points, the S&amp;P 500 rising 136 points, and the Nasdaq rising 384 points.</p>News & Events24 Jul 2020 00:00:00 -0800https://www.litedepalma.com/?t=40&an=110779&format=xml&p=6944Mindee J. Reuben was appointed as Interim Liaison Counsel for the proposed Financial Institution Plaintiff Class in In re Wawa, Inc. Data Breach Litigationhttps://www.litedepalma.com/?t=40&an=109500&format=xml&p=6944<p>On June 12, 2020, <strong>Mindee J. Reuben</strong> was appointed as Interim Liaison Counsel for the proposed Financial Institution Plaintiff Class in <em>In re Wawa, Inc. Data Breach Litigation, </em>pending before the Honorable Gene E.K. Pratter in the Eastern District of Pennsylvania.</p>News & Events16 Jun 2020 00:00:00 -0800https://www.litedepalma.com/?t=40&an=109500&format=xml&p=6944Bruce D. Greenberg was named to New Jersey Super Lawyers Top 100https://www.litedepalma.com/?t=40&an=106964&format=xml&p=6944<p><strong>Bruce D. Greenberg</strong> was named to New Jersey Super Lawyers Top 100 list.&nbsp; To read more on this listing, click <a href="https://digital.superlawyers.com/superlawyers/njslrs20/MobilePagedReplica.action?elq_mid=15548&amp;elq_cid=11996285&amp;elq_ename=L_SL_SEM_NA_NJSL20DigitalEdition_em1_20200318&amp;cid=NA&amp;sfdccampaignid=NA&amp;campaignCode=&amp;chl=Em&amp;utm_medium=email&amp;utm_source=eloqua&amp;utrm_campaign=L_SL_SEM_NA_NJSL20DigitalEdition_20200318&amp;utm_content=NA&amp;elqTrackId=5285c219e15d4d85acc93fee9743b7fd&amp;elq=00c08021158048afbb88d3bfdfa00673&amp;elqaid=15548&amp;elqat=1&amp;elqCampaignId=16619&amp;elqcst=272&amp;elqcsid=2170&amp;pm=2&amp;folio=20#pg20" target="_blank">here</a>.</p>News & Events20 Mar 2020 00:00:00 -0800https://www.litedepalma.com/?t=40&an=106964&format=xml&p=6944Six LDG Attorneys Named to 2020 "Super Lawyers" Listhttps://www.litedepalma.com/?t=40&an=89990&format=xml&p=6944Six LDG Attorneys Named to 2020 &ldquo;Super Lawyers&rdquo; List:&sup1;<br /> <br /> <strong>Joseph J. DePalma, Bruce D. Greenberg</strong>, <strong>Victor A. Afanador, Susana Cruz Hodge and Steven S. Glickman</strong>&nbsp;were all named to the 2020 list of &ldquo;New Jersey Super Lawyers.&rdquo; Mr. Greenberg has been included on that list every year since 2005, when the listing was first introduced and Mr. DePalma has appeared every year since 2007.&nbsp; Mr. Afanador has been named to the &ldquo;New Jersey Super Lawyers&rdquo; list for four consecutive years. <strong>S</strong><strong>usana Cruz Hodge and Steven S. Glickman&nbsp;</strong>appear&nbsp;in the &quot;New Jersey Super Lawyers&quot; list for the first time.&nbsp; Ms. Hodge was<strong>&nbsp;</strong>named to the &quot;Rising Stars&quot; list for six consecutive years.<br /> <br /> <strong>Mindee J. Reuben</strong> was named to the 2020 list of &ldquo;Pennsylvania Super Lawyers.&rdquo; Ms. Reuben has been listed as a Top Rated Antitrust Attorney and has been selected to Super Lawyers every year since 2009. <br /> <hr /> &sup1;The Super Lawyers List is issued by Thompson Reuters. A description of the selection methodology can be found <a href="https://www.superlawyers.com/about/selection_process.html" target="_blank">here</a>. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.News & Events20 Mar 2020 00:00:00 -0800https://www.litedepalma.com/?t=40&an=89990&format=xml&p=6944Bruce D. Greenberg was a presenter on a New Jersey ICLE webinarhttps://www.litedepalma.com/?t=40&an=104462&format=xml&p=6944<p><strong>Bruce D. Greenberg</strong> was a presenter on a New Jersey ICLE webinar titled &rdquo;Do&rsquo;s and Don&rsquo;ts of Appellate Practice.&rdquo; The other presenters were Appellate Division Judges Ellen Koblitz and Thomas Sumners, Jr., and Marie Hanley, Chief Counsel to the Appellate Division.</p>News & Events26 Feb 2020 00:00:00 -0800https://www.litedepalma.com/?t=40&an=104462&format=xml&p=6944Mindee Reuben will be a panelist on the live webinar, "Impact of New FRE 807 on Hearsay Evidence"https://www.litedepalma.com/?t=40&an=104425&format=xml&p=6944<p><strong>Mindee Reuben</strong> will be a panelist on the upcoming live webinar, &quot;Impact of New FRE 807 on Hearsay Evidence&quot; on Tuesday, May 12, 1:00pm-2:30pm EDT. Click this <a href="https://www.sp-04.com/r.php?products/txgnqeelna" target="_blank">link </a>for more information.</p>News & Events24 Feb 2020 00:00:00 -0800https://www.litedepalma.com/?t=40&an=104425&format=xml&p=6944Bruce D. Greenberg was quoted in a Law360 article about the effect of a recent Appellate Division decisionhttps://www.litedepalma.com/?t=40&an=104220&format=xml&p=6944<p><strong>Bruce D. Greenberg</strong> was quoted in a Law360 article about the effect of a recent Appellate Division decision that allowed trial testimony to be offered by live remote video, rather than in person, in certain circumstances.</p>News & Events10 Feb 2020 00:00:00 -0800https://www.litedepalma.com/?t=40&an=104220&format=xml&p=6944Bruce D. Greenberg was quoted in The New York Timeshttps://www.litedepalma.com/?t=40&an=104136&format=xml&p=6944<p><strong>Bruce D. Greenberg</strong> was quoted in The New York Times regarding class actions against rental car companies for allegedly improper charges that arise out of &ldquo;cashless tolling.&rdquo;</p>News & Events03 Feb 2020 00:00:00 -0800https://www.litedepalma.com/?t=40&an=104136&format=xml&p=6944Victor A. Afanador was invited to participate as an Adjunct Professor in the January 2020 inaugural Denis F. Mclaughlin Advanced Trial Advocacy Workshophttps://www.litedepalma.com/?t=40&an=104102&format=xml&p=6944<p><strong>Victor A. Afanador</strong> was invited to participate as an Adjunct Professor in the January 2020 inaugural Denis F. Mclaughlin Advanced Trial Advocacy Workshop. He and other invited attorney participant adjunct professors are assigned to join one of two groups of eight 2L or 3L law students in an intensive two week trial preparation program. The groups will be led by Team Leader Professors from Seton Hall University School of Law through various skill sessions highlighting the various separate components of a trial like: Openings, Closings, Direct Examination, Cross-Examination, and the introduction of exhibits. During the &ldquo;Skill&rdquo; sessions, the other attorney participants join in providing feedback to the students as they practice the skills.</p>News & Events06 Jan 2020 00:00:00 -0800https://www.litedepalma.com/?t=40&an=104102&format=xml&p=6944TAKING POSSESSION THROUGH REPLEVINhttps://www.litedepalma.com/?t=40&an=99745&format=xml&p=6944It makes sense for lawyers and laymen to associate wrongful possession of another&rsquo;s property with the criminal code since taking possession of someone else&rsquo;s property often consists of theft. Many lawyers and laymen are surprised to learn that there is a centuries old civil remedy for retrieval of a person&rsquo;s wrongfully possessed or withheld property. Indeed, one of the oldest legal actions in common-law, dating back to the 14th Century, is an action for replevin. Although many practitioners in New Jersey seem unaware of this cause of action, it is a legal remedy that practitioners should familiarize themselves with.<br /> <br /> Put simply, a replevin action seeks the return of personal property wrongfully taken and for compensation for any resulting loss. In New Jersey, replevin is governed by both statute and court rule.<br /> <br /> <u>N.J.S.A.</u> 2B:50-1 authorizes &ldquo;[a] person seeking recovery of goods wrongly held by another&rdquo; to &ldquo;bring an action for replevin in the Superior Court.&rdquo; Under the plain language of <u>N.J.S.A.</u> 2B:50-1, a plaintiff establishes a cause of action for replevin by showing that the defendant is holding the subject goods wrongfully, or in other words, that the defendant is holding the goods contrary to the plaintiff&rsquo;s superior right to possession. The replevin action created by <u>N.J.S.A.</u> 2B:50-1 encompasses actions where goods are taken wrongfully or tortuously, and where goods were lawfully taken but are withheld contrary to a superior right of possession&mdash;also called detinue. <u>See</u> <u>Voellinger v. Dow</u>, 420 N.J. Super. 480, 483, n.2 (App. Div. 2011).<br /> <br /> <u>R.</u> 4:61-1 is the mechanism through which a party obtains relief under <u>N.J.S.A.</u> 2B:50-2. R. 4:61-1 echoes the standard set forth in <u>N.J.S.A.</u> 2B:50-2, that relief may be granted merely by showing &ldquo;a probability that final judgment will be rendered in favor of the movant.&rdquo;<br /> <br /> <div style="margin-left: 40px;">&ldquo;To maintain replevin, the plaintiff must have the right of exclusive possession to the goods in question. He must not only have property absolute or qualified, and the right of possession at the time of the commencement of the action, but he must have the exclusive right of possession.&rdquo;</div> <br /> <u>Hunt v. Chambers</u>, 21 N.J.L. 620, 623 (E. &amp; A. 1845). Notably, a replevin claim also requires unlawful detention after a demand for the property has been made. A claim for replevin also exists despite the fact that a defendant is no longer in possession of the property at issue. <u>See</u> <u>id.</u> at 257 (&ldquo;When one has wrongfully detained property and refused it on demand he is liable in an action in replevin even though it may not remain in his possession when the suit is brought&rdquo;).<br /> <br /> Thus, replevin allows for retrieval of property under different circumstances beyond what most people would consider theft or stealing. It is a flexible and expedient cause of action that is especially effective in situations where the underlying property is unique or priceless. In practice, it often makes sense to file this action in Chancery and combine it with an Order to Show Cause seeking temporary restraints. This combination works well because it accelerates the process and can help protect the property from damage or destruction. <br />Lite DePalma Greenberg Law Blog07 Nov 2019 00:00:00 -0800https://www.litedepalma.com/?t=40&an=99745&format=xml&p=6944