NAACP v. Foulke Management May be Settling

There is word that NAACP v. Foulke Management, 421 N.J. Super. 404 (App. Div. 2011), which the Supreme Court agreed to review, may be settling.  The parties have asked the Court to put the matter on hold in order to allow a potential ...

The Third Circuit Applies Judicial Estoppel

Macfarlan v. Ivy Hill SNF, LLC, 675 F.3d 266 (3d Cir. 2012).  “Judicial estoppel is a ‘judge-made doctrine that seeks to prevent a litigant from asserting a position inconsistent with one that [he or she] has previously asserted in the same or ...

The U.S. Supreme Court Takes Up the Health Care Law- Day 3

The third day of oral arguments on the Affordable Care Act was something of an anticlimax.  There were two issues.  The first was whether, if the “individual mandate” (the requirement that all persons have health insurance) is struck down as unconstitutional, all, ...

The U.S. Supreme Court Takes Up the Health Care Law- Day 2

Today was the day that the Supreme Court of the United States heard oral argument about the “individual mandate.”  That is the provision that requires everyone to have health insurance.  The United States argued first, and the Chief Justice and ...

The U.S. Supreme Court Takes Up the Health Care Law

Today was the first of three days of oral arguments, totaling six hours, on the Affordable Care Act, a/k/a “Obamacare,” before the Supreme Court of the United States.  The issue today was whether the “penalty” imposed by the statute for ...

DePascale v. New Jersey (Judges’ Pension Case) Argued

The oral argument in the Supreme Court of the United States today about the Affordable Care Act, a/k/a “Obamacare,” has drawn so much attention that it has overshadowed the nearly two-hour oral argument, which also began at 10 A.M. today, ...

A Welding Business is a “Home Occupation” Under a Broad Ordinance

Columbro v. Lebanon Tp. Bd. of Adj.., 424 N.J. Super. 501 (App. Div. 2012).  Defendants Michael and Frances Edwards obtained a conditional use variance that allowed them to conduct a welding business in the garage of their home, which was located in a ...

Senate Judiciary Committee Rejects Kwon for Supreme Court

Today, by a 7-6  vote, the Senate Judiciary Committee rejected Governor Christie’s nomination of Philip Kwon for a seat on the Supreme Court of New Jersey.  Seven of the eight committee Democrats voted against the nomination, while one Democrat, Senator ...

Supreme Court Will Review Municipal Land Use Conflict of Interest Case

The Supreme Court has granted review of the decision in Kane Properties, LLC v. City of Hoboken, 423 N.J. Super. 49 (App. Div. 2011).  The Appellate Division’s decision is discussed here.  The question presented, as phrased by the Supreme Court Clerk’s office, is ...

Robert S. Greenbaum (1922-2012)

A memorial service was held at the Bar Center today for Bob Greenbaum, the senior partner of Greenbaum Rowe Smith & Davis (my former firm), who died several weeks ago at age 89.  Bob’s daughter, Margot, and seven of his ...