Tortorice v. Vanartsdalen, 422 N.J. Super. 242 (App. Div. 2011). A fit natural parent has a fundamental right to autonomy in child-rearing decisions, so that a grandparent who seeks visitation rights must show that visitation is necessary to avoid identifiable harm to ...
Today, we are all used to the existence of senior citizen housing developments. Thirty five years ago, however, it was not so clear that such developments were legally permissible. On this date in 1976, the Supreme Court of New Jersey decided two companion cases ...
Maharaj v. Saint Barnabas Health Care System, 2011 WL 4435080 (App. Div. Sept. 26, 2011). In this case, the Appellate Division (Judges Carchman and Nugent) reversed a dismissal of the pro se plaintiff’s complaint for failure to state a claim. The ...
Lewis v. Guadagno, 445 Fed. Appx. 599 (3d Cir. 2011). Mere days after a panel of the Third Circuit voted 2-1 in favor of Carl Lewis’s bid to be on the ballot for the upcoming State Senate election, the same panel unanimously ...
In Estate of Desir v. Vertus, 418 N.J. Super. 310 (App. Div. 2011), discussed here, the Appellate Division allowed a party who went to help a neighbor with “something going on” at his home office to sue that neighbor when the situation turned ...
Riley v. New Jersey State Parole Bd., 423 N.J. Super. 224 (App. Div. 2011). The Constitutions of both the United States and New Jersey contain provisions that ban ex post facto laws. Few cases arise under those provisions. Here, however, the issue ...
Raspavolo v. New Jersey State Police, 2011 WL 2848475 (App. Div. Sept. 20, 2011). Plaintiff appealed the January 22, 2010 denial of his motion to vacate a previously entered dismissal of his complaint for failure to state a claim. In an ...
The 1947 Constitution became effective, in general, on January 1, 1948, under Article X, paragraph 5 of that Constitution. However, Article VI, the judicial Article, did not take effect until September 15, 1948, as stated in Article XI, section IV, paragraph ...
The saga of Carl Lewis’ attempt to run for the State Senate has taken a new turn. Yesterday, the Third Circuit Court of Appeals reversed a decision of the district court and held, by a 2-1 vote, that Lewis could ...
Jatczyszyn v. Marcal Paper Mills, Inc., ___ N.J. Super. ___ (App. Div. 2011). The key issue in this case involves how to calculate the discovery period permitted by the Court Rules in a circumstance where the case was removed to federal court by the defendant ...