Bank of New York v. Laks, 422 N.J. Super. 201 (App. Div. 2011). N.J.S.A. 2A:50-56(c)(11), a part of the Fair Foreclosure Act (“FFA”), requires a lender who plans to foreclose on a mortgage to serve a notice of intention on the borrower. The ...
NAACP of Camden County East v. Foulke Management Corp., 421 N.J. Super. 404 (App. Div. 2011). This consumer class action was the occasion for another typically scholarly opinion by Judge Sabatino. Geraldine Thomas, an African-American, bought a new automobile from defendant. She was ...
The Supreme Court of New Jersey has adopted changes to two appellate rules. Both changes will go into effect on September 1, 2011. First, the list of judgments deemed to be final under Rule 2:2-3 now includes orders on preliminary ...
Doe v. Megless, ___ F.3d ___ (3d Cir. 2011). Federal Rule of Civil Procedure 10(a) requires that the title of a complaint “name all the parties.” Despite that, in exceptional circumstances, courts have allowed plaintiffs to file complaints using “John Doe” or ...
Raverta v. Lake Mohawk Golf Club, 2011 WL 3207945 (App. Div. July 29, 2011). Rule 4:6-2(e) allows a defendant to move to dismiss a complaint for failure to state a claim. That Rule contemplates, however, that (with some exceptions not relevant ...
Luchejko v. City of Hoboken, 207 N.J. 191 (2011). Sidewalk liability cases have bedeviled our Supreme Court for many years. In Stewart v. 104 Wallace Street, Inc., 87 N.J. 146 (1981), the Court jettisoned the longstanding rule that property owners could ...
Futterman v. Board of Review, 421 N.J. Super. 281 (App. Div. 2011). This case arose out of the 2009 agreement between the Christie administration and the union that represents state workers, in which the State agreed not to lay off ...
On this date in 1982, the Supreme Court of New Jersey decided two of the landmark separation of powers cases in New Jersey jurisprudence. The first case was General Assembly v. Byrne, 90 N.J. 376 (1982). There, the Court ruled unanimously ...
J. McIntyre Machinery, Ltd. v. Nicastro, 131 U.S. 2780 (2011). Lawyers and judges sometimes refer to new cases that grow out of an older, seminal case as the “progeny” of that earlier decision. Well, welcome a new arrival among the ...
Triffin v. Capital One, 2011 WL 2848271 (App. Div. July 20, 2011). Under Rule 1:36-3, “[n]o unpublished opinion shall constitute precedent,” and “except to the extent required by res judicata, collateral estoppel, the single controversy doctrine or any other similar principle of law, no ...