Foreign Citizen Whose Admission to the United States Limits Him to a Single Employer is Not “Available for Work” and Eligible for Unemployment Benefits When That Employer Discharges Him

Makutoff v. Board of Review, 427 N.J. Super. 218 (App. Div. 2012).  Plaintiff, a Canadian citizen, was employed in this country under a limited work authorization issued by the Department of Homeland Security(“DHS”) pursuant to the North American Free Trade ...

Supreme Court Will Issue DePascale Decision Tomorrow

The Supreme Court announced this morning that it will issue its decision in DePascale v. New Jersey, the “Judges Pension Case,” tomorrow at 10 A.M.  The ruling is likely to be one of the most important ones of the current ...

Sales Taxes Under the Bankruptcy Code: A Fascinating, and Difficult, Issue of Statutory Interpretation

In re Michael Calabrese, Jr., 689 F.3d 312 (3d Cir. 2012).  Most issues of statutory interpretation can be resolved either by the plain language of the statute, by an analysis of legislative history, or by persuasive decisions of other courts on ...

Can an Insurer, Suspicious of Insurance Fraud, Require Health Providers Who Seek Reimbursement from the Insurer, to Supply Information About Their Ownership Structure and Billing Practices?

Selective Ins. Co. v. Hudson East Pain Management, 210 N.J. 597 (2012).  Defendants provided medical treatment to patients who had personal injury protection (“PIP”) insurance through plaintiff (“Selective”).  The patients assigned their right to insurance benefits to defendants so that defendants could get paid ...

Immunity Statute Protects Rescue Squad Personnel, but Not the Rescue Squad as an Entity

Murray v. Plainfield Rescue Squad, 210 N.J. 581 (2012).  Plaintiffs’ son was shot in the chest by his brother.  The Plainfield Rescue Squad was called.  But there was allegedly a prolonged delay in transporting the victim to the hospital, and he died.  Though plaintiffs sued multiple ...

N.J.S.A. 30:4-24.3 Does Not Allow a Developmentally Disabled Resident of a State Facility to Get Around Open Public Records Act Rules for Disclosure

Caliendo v. Velez, ___ N.J. Super. ___ (App. Div. 2012).  N.J.A.C. 10:41-3.2(b) is a Department of Human Services regulation that provides that incident reports prepared by the Division of Developmental Disabilities are not public records and may be relesaed only ...

Appellate Practice Tips from the Ninth Circuit Court of Appeals

A panel of three Ninth Circuit Court of Appeals judges offered their tips for appellate practitioners.  Those perspectives are available here.  Many of the tips are, or should be, familiar ones.  But the fact that these thoughts come from the ...

Can Lawyers Who Sue Clients for Fees Recover Attorneys’ Fees for Representing Themselves, and What Interest Rate Can They Collect?

The Supreme Court announced today that it will review the not for publication decision in Kern Augustine Conroy & Schoppmann, P.C. v. DiDonato.  As phrased by the Supreme Court Clerk’s Office, the question presented is “May a law firm recover attorneys’ ...

No Surprise: Supreme Court Grants Review of In re Plan for the Abolition of the Council on Affordable Housing

In In re Plan for the Abolition of the Council on Affordable Housing, 424 N.J. Super. 410 (App. Div. 2012), the Appellate Division held that Governor Christie could not unilaterally abolish the Council on Affordable Housing, which had been created ...

Supreme Court Will Review State v. Heine

The Supreme Court announced this morning that it has granted certification in State v. Heine, 424 N.J. Super. 48 (App. Div. 2012).  The Appellate Division’s decision is discussed here.  The question presented, as phrased by the Supreme Court Clerk’s Office, ...