On this date in 1956, the Appellate Division decided Romano v. Maglio, 41 N.J. Super. 561 (App. Div. 1956).  For 56 years, that opinion, written by Judge Clapp for himself and Judges Jayne and Francis, has been the gold standard ...

Winters v. North Hudson Regional Fire & Rescue, 212 N.J. 67 (2012).  When a public employee who is the subject of a disciplinary proceeding before the Civil Service Commission (“the Commission”) asserts retaliation as a defense, but then does not offer ...

Nichole Medical Equipment & Supply, Inc. v. Tri-Centurion, Inc., 694 F.3d 340 (3d Cir. 2012).  Some posts on this blog have much substantive content.  This one does not. Though this opinion by Chief Judge McKee is about Medicare issues, doubtless ...

HIP Heightened Independence and Progress, Inc. v. The Port Authority of New York and New Jersey, 693 F.3d 345 (3d Cir. 2012).  Last year, the Third Circuit decided a case about the inacessibility of SEPTA rail stations in Philadelphia.  This case ...

Gonzalez v. State of New Jersey Apportionment Comm’n, ___ N.J. Super. ___ (App. Div. 2012).  The Tea Party has had little electoral success in New Jersey.  Its efforts to achieve its ends by litigation have also not met with success.  ...

Mullen v. The Ippolito Corporation, 428 N.J. Super. 85 (App. Div. 2012).  An action in lieu of prerogative writs can be used where, at common law, one of the designated prerogative writs would have been the proper basis for suit.  ...

Kaufman v. Allstate New Jersey Ins. Co.., 2012 WL 3870323 (App. Div. Sept. 7, 2012).  As discussed here, New Jersey has more liberal rules for standing to sue than do the federal courts.  But there are some extreme cases where even ...

In an Order issued yesterday, Chief Justice Rabner announced the elevation of Judges Rodriguez and Cuff to the Supreme Court effective October 1, 2012.  The Chief Justice acted pursuant to the authority of Article VI, section 2, paragraph 1 of the ...

An opinion issued late last week by the Sixth Circuit began by saying “When a party comes to us with nine grounds for reversing the district court, that usually means there are none.”  The opinion then went on to reject all the ...

The end of August is usually a relatively sleepy period in terms of Supreme Court decisions.  On this date in 1989, however, the Supreme Court issued its decision in Printing Mart v. Sharp Electronics, 116 N.J. 739 (1989).  That opinion discusses ...