Allen v. V and A Bros., Inc.., 208 N.J. 114 (2011).  The New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. (“CFA”), makes liable any “person” who violates the CFA.  In this case, a unanimous Supreme Court, speaking through Justice Hoens, held ...

Mahwah Realty Associates, Inc. v. Mahwah Tp.., 420 N.J. Super. 341 (App. Div. 2011).  Out of the lengthy procedural history of this land use matter comes the simple message that statutes are not to be read with excessive literalness where ...

Badalamenti v. Simkiss, 422 N.J. Super. 86 (App. Div. 2011).  Advocates of “tort reform” like to complain that New Jersey courts will allow anyone to proceed, or even to recover, on any type of tort claim.  This decision, written by ...

Though Independence Day is not the anniversary of the United States Constitution, it is still a good day to look back on the origin and history of the federal appellate courts.  Article III of the Constitution, the Judicial Article, says ...

Murnane v. Finch Landscaping, LLC, 420 N.J. Super. 331 (App. Div. 2011).  Does the fact that a homeowner acts as his own general contractor in dealing with multiple contractors on a home improvement job mean that the homeowner cannot sue ...

Canter v. Lakewood of Voorhees, 420 N.J. Super. 508 (App. Div. 2011).  Under cases such as State v. Ventron, 94 N.J. 473 (1983), a court may, in proper circumstances, “pierce the veil” of a corporation and hold owners of that corporation liable ...

K.L.G. v. D.M.., 2011 WL 2321404 (App. Div. June 29, 2011).  Rule 2:9-1(a) provides that once a notice of appeal is filed, “supervision and control” of the case pass to the Appellate Division.  As this per curiam opinion states, at that point, ...

Yesterday, by a 36-0 vote, the Senate rightly confirmed Anne Patterson as a Justice of the Supreme Court of New Jersey.  She will assume the seat now held by Justice Rivera-Soto when his term expires in September. ...

Mische v. Bracey’s Supermarket, 420 N.J. Super. 487 (App. Div. 2011).  The requirements for personal jurisdiction over a defendant are fairly well-settled, but sometimes challenging to apply.  Judge Skillman’s opinion in this case addresses whether a defendant is subject to personal jurisdiction ...

On June 20, Assemblymen Gary Chiusano (R-24th Dist.) and John Wisniewski (D-19th Dist.) introduced Assembly Bill 4135.  That legislation would make appealable to the Appellate Division as of right, instead of on an interlocutory basis, any court decision that grants or denies class certification ...