Bailment, Not Replevin, is The Potential Cause of Action When Seeking Return of Property Validly Seized and Retained by the State

Voellinger v. Dow, 420 N.J. Super. 480 (App. Div. 2011).  In this case, the State seized property pursuant to a valid warrant in 1985.  Not until 2007, when the property became potentially relevant to another litigation, did the property owner seek the return ...

The Supreme Court Discusses, for the First Time, Two Exceptions to the Open Public Records Act

Kovalcik v. Somerset County Prosecutor’s Office, 206 N.J. 581 (2011).  The Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (“OPRA”), makes “government records,” as broadly defined in OPRA, generally accessible.  However, the right of access is not unlimited, and OPRA contains various exceptions to disclosure.  Among ...

A Tutorial on Claims for Negligent Infliction of Emotional Distress and an Insurer’s Duty to Defend

Abouzaid v. Mansard Gardens Associates, LLC, 207 N.J. 67 (2011).  The holding of this decision, a unanimous opinion written by Justice Long, is fairly straightforward: an insurer has a duty to defend a claim for negligent infliction of emotional distress if there is ...

Improper Remarks in Trial Summation Warranted New Trial on Damages Only

Risko v. Thompson Muller Automotive Group, Inc., 206  N.J. 506 (2011).  This case came to the Supreme Court because of improper remarks made by plaintiff’s counsel in his trial summation.  The case was a slip and fall that caused plaintiff’s ...

Municipal Land Use Notice That Described Size of Large Retail Store Need Not Have Stated That Store Was a Wal-Mart

Shakoor Supermarkets, Inc. v. Old Bridge Tp. Planning Bd., 420 N.J. Super. 193 (App. Div. 2011).  This case dealt with the issue of how specific a public notice of a development application under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et ...

Judge Stern Retires

Last night, I attended the retirement dinner for Judge Stern, who turned 70 last week.  Among the over 300 attendees were current and former Supreme Court Justices, sitting and retired judges of other courts, Governor Brendan Byrne, and many lawyers ...

Supreme Court Will Review McGovern v. Rutgers Open Public Meetings Act Ruling

The Supreme Court has granted certification in this case, which addresses important issues under the Open Public Meetings Act, N.J.S.A. 10:4-6 to -21.  The Appellate Division’s decision that will be reviewed is discussed here. ...

Bad Faith Claims Under Rova Farms Can Get a Jury Trial

Wood v. New Jersey Manufacturers Ins. Co., 206 N.J. 562 (2011).  The question of what claims are triable to a jury has vexed the courts for many years, in various different contexts.  Wood contains a sound and scholarly analysis of ...

Unwarranted Hysteria

State v. Timmendequas, 2011 WL 2326967 (App. Div. June 14, 2011).  Talk radio personalities and others whose job it is to create controversy or to enhance the public’s fears have seized on this decision, issued yesterday by Judges Rodriguez, Grall ...

Judge Wefing Replaces Judge Stern on the Supreme Court

Today, Judge Stern reached the mandatory retirement age of 70.  Accordingly, Chief Justice Rabner appointed Judge Wefing, the Presiding Judge of the Appellate Division, to the seat that Judge Stern had filled.  Judge Wefing is expected to serve until Governor Christie ...