The same ill-conceived legislation to allow immediate appeals of all decisions on class certification that was introduced in the Assembly last year has been reintroduced this year by the same sponsors and one new co-sponsor.  The bill is designated as A894.  The bill ...

Rowe v. Mazel Thirty, LLC, 209 N.J. 35 (2012).  Plaintiff was a police officer whose duties in a “Safe Streets” program included checking vacant apartment buildings for drugs or other illicit activity.  Plaintiff was going down a flight of stairs to ensure that a basement door to ...

The Supreme Court’s Civil Practice Committee has issued its biannual report on proposed changes to the New Jersey Court Rules.  Some of the proposed amendments affect the Part II (Appellate) rules.  Those proposed changes are as follows: Rule 2:11-6 would be ...

Spinelli v. Echeverry Industries, LLC, 2012 WL 370666 (App. Div. Feb. 7, 2012).  Rule 2:8-3 authorizes parties on appeal to move for summary disposition of that appeal at any time.  It is not often that such motions get granted, however, ...

Nordstrom v. Lyon, 424 N.J. Super. 80 (App. Div. 2012).  William “Hank” Lyon was a media star last year.  In his early 20’s, and a newcomer to the political scene, Lyon ran for Morris County Freeholder (or, as his campaign materials put it, “for ...

Today, the Supreme Court announced that it had granted certification to review the Appellate Division’s decision in Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011).  The question in the case, as phrased by the Clerk’s Office, ...

Ducey v. Ducey, 424 N.J. Super. 80 (App. Div. 2012).  After a fourteen-day trial, a Family Part judge entered a judgment of divorce and stated that “the underlying opinion will be sent shortly.”  Not until three months later did the judge forward her ...

Wenger v. Cardo Windows, Inc., 2012 WL 280254 (App. Div. Feb. 1, 2012).  Plaintiffs in this consumer class action sought injunctive relief and statutory civil penalties against defendants in connection with the sale of residential windows.  In a lengthy and ...

CTC Demolition Co., Inc. v. GMH AETC Management, 424 N.J. Super. 1 (App. Div. 2012).  The “first-filed” rule of comity says that, as a general notion, the court that first acquires jurisdiction over a matter takes precedence over another court that acquires jurisdiction ...

State v. Heine, 424 N.J. Super. 48 (App. Div. 2012).  Ellen Heine, the owner of a property in Garfield, was found guilty in municipal court of violating provisions of the Garfield property maintenance code.  In separate proceedings, Heine was convicted of violating a provision of the ...