Florence v. Burlington Cty. Freeholder Bd., 132 U.S. 1510 (2012).  When a New Jersey case reaches the Supreme Court of the United States, it often seems to turn into a landmark.  This case is another example.    Albert Florence was arrested during a ...

Quinlan v. Curtiss-Wright Corp., 425 N.J. Super. 335 (App. Div. 2012).  This is a long-running employment discrimination case that came back to the Appellate Division after a remand by the Supreme Court.  Judge Sabatino wrote a comprehensive opinion for the panel that educates ...

Lord v. Board of Review, 425 N.J. Super. 187 (App. Div. 2012).  Did an employee who accepted his employer’s directive that he “had to resign” leave his job “voluntarily” so as to disqualify him from receiving unemployment benefits under N.J.S.A. 43:21-5(a)?  That was ...

Walid v. Yolanda for Irene Couture, Inc.., 425 N.J. Super. 171 (App. Div. 2012).  It is elemental that “justifiable reliance” on an allegedly fraudulent mispresentation is necessary to make out a fraud claim.  But cases on what does or does not constitute ...

Walker v. Choudhary, 425 N.J. Super. 135 (App. Div. 2012).  This was a medical malpractice and wrongful death action.  Three defendants, a doctor, a medical group, and a company that owns a hospital, won summary judgment based on the statute of limitations.  Plaintiff ...

Little v. Kia Motors America, Inc., 425 N.J. Super. 82 (App. Div. 2012).  In this consumer class action, which involved alleged defects in Kia automobiles, Judge #1 presided over a classwide jury trial.  The jury found for plaintiff and the class on the issue of ...

Sutter v. Oxford Health Plans, LLC, 675 F.3d 215 (3d Cir. 2012).  Decisions in favor of class arbitration may seem to be few and far between these days.  But in this case, an arbitrator and the Third Circuit Court of Appeals came ...

Last night’s meeting of the NJSBA’s Appellate Practice Committee, of which I am a member and a past Chair, was a roundtable discussion with six distinguished Appellate Division judges.  The judges took questions and asked their own questions of those ...

State v. Perini Corp., 425 N.J. Super. 62 (App. Div. 2012).  N.J.S.A. 2A:14-1.1a establishes a ten-year statute of repose for actions involving alleged deficiencies “in the design, planning, surveying, supervision or construction of an improvement to real property.”  Writing for the panel ...

Cole v. Jersey City Medical Center, 425 N.J. Super. 48 (App. Div. 2012).  Plaintiff, a nurse anesthetist at Jersey Medical Center, sued the Medical Center and her immediate employer, Liberty Anesthesia Associates (“Liberty”), for retaliatory discharge, employment discrimination, and other things.  Plaintiff ...