New Jersey DYFS v. I.S.. 423 N.J. Super. 124 (App. Div. 2011). The Appellate Division is often asked to reconsider its decisions. It does so only rarely, and even more rarely does a decision on reconsideration turn into a published opinion. This short ...
On November 18, an Appellate Division panel consisting of Judges Carchman, Fisher and Nugent denied the State’s motion for a stay pending the appeal, now before the Supreme Court on direct certification, of the Law Division’s ruling against the State ...
US Airways, Inc. v. McCutchen, 663 F.3d 671 (3d Cir. 2011). After defendant McCutchen suffered a serious auto accident, a benefit plan administered by plaintiff US Airways paid him nearly $67,000 for his medical expenses. When McCutchen recovered a larger sum than that ...
Rockaway Shoprite Associates, Inc. v. City of Linden, 424 N.J. Super. 337 (App. Div. 2011). For many years, a large General Motors assembly plant occupied a 47.5 acre site in Linden. Eventually, General Motors closed that plant. The property sat ...
Nine minutes ago, the Supreme Court of the United States announced that among the cases it will take up are three cases involving the constitutionality of the Patient Protection and Affordable Care Act. It had been expected that the Court would ...
The Supreme Court’s grant last Thursday of direct certification of the judges’ pension case, DePascale v. New Jersey, has generated some controversy. Governor Christie, for example, criticized the Court for preempting Appellate Division review. Direct certification is not a usual procedure. It is authorized ...
Today, the Supreme Court issued an order granting direct certification in DePascale v. New Jersey. The question presented, as summarized by the Supreme Court Clerk’s Office, is “as applied to certain justices and judges, does the Pension and Health Care Benefits Act, P.L. 2011, ...
Often overlooked is the fact that the Supreme Court of New Jersey is more than just the court of last resort for state court appeals. Under Article VI, section 2, paragraph 3 of the New Jersey Constitution, the Court has ...
Since today, November 8, is Election Day, what better case could there be to highlight than In re Contest of November 8, 2005, 192 N.J. 546 (2007)? Not only did that case involve an election on November 8, the Court’s 3-2 ...
In Prime Accounting Dep’t v. Tp. of Carney’s Point, 421 N.J. Super. 199 (App. Div. 2011), discussed here, the Appellate Division affirmed the dismissal of a tax appeal complaint for lack of subject matter jurisdiction. The dismissal focused on the fact that ...