One year ago today, this blog began its existence with its very first post.  There have been approximately 225 posts since, covering all aspects of New Jersey appellate law and practice, with a particular focus on the Supreme Court of New Jersey, ...

Baskett v. Cheung, 422 N.J. Super. 377 (App. Div. 2011).  The facts of this case, detailed in the opinion of Judge Harris for this appellate panel, were about as egregious as they come.  Plaintiffs’ original counsel had an internal office communications snafu, resulting ...

The Supreme Court has granted review in Trautman v. Christie, 418 N.J. Super. 559 (App. Div. 2011).  The decision of the Appellate Division was discussed here.  The questions presented are whether “Kyleigh’s Law,” which requires drivers with a special learner’s permit ...

Delalla v. Hanover Insurance, 660 F.3d 180 (3d Cir. 2011).  The federal removal statute, 28 U.S.C. §1446(b), obligates a defendant who wishes to remove to federal court a case filed in state court to file removal papers within 30 days of the ...

New Jersey caselaw under the Uniform Commercial Code is relatively undeveloped compared to New York’s decisional law.  On this date in 1973, however, the Appellate Division issued one of New Jersey’s leading UCC decisions, Fablok Mills v. Cocker Mach. Co., ...

State v. Correctional Medical Services, Inc., 422 N.J. Super. 363 (App. Div. 2011).  The New Jersey False Claims Act, N.J.S.A. 2A:32C-1 to -15 and -17 to -18, was enacted on January 13, 2008.  That statute provided that it “shall take effect on ...

President Obama has nominated Magistrate Judge Patty Shwartz to the Third Circuit Court of Appeals.  She would fill the “New Jersey seat” that was created when Judge Barry took senior status in June of this year. A native of Paterson, ...

Estate of Taylor v. Director, Div. of Taxation, 422 N.J. Super. 336 (App. Div. 2011).  In FMC Stores v. Borough of Morris Plains, 100 N.J. 418 (1985), the Supreme Court announced the “square corners” doctrine.  That doctrine says, in essence, that in ...

Albrecht v. Correctional Medical Services, 422 N.J. Super. 265 (App. Div. 2011).  The Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29, makes the submission of an affidavit that a suit has merit a prerequisite to a case against a “licensed person in his profession ...

Tymczyszyn v. Columbus Gardens, 422 N.J. Super. 253 (App. Div. 2011).  Plaintiff slipped on ice and fell on a sidewalk that abuts a “multi-unit residential property” operated by defendant Hoboken Housing Authority.  Plaintiff sued, and defendants won summary judgment based on various immunities ...