Abbott v. Burke, 206 N.J. 332 (2011). The merits of this latest decision on the funding necessary to satisfy the mandate of article VIII, section 4, paragraph 1 of the New Jersey Constitution that the State provide a “thorough and efficient system ...
Ott v. Guardian Protective Services, Inc.., 2011 WL 2297783 (App. Div. May 24, 2011). Final orders are immediately appealable, while interlocutory orders, which do not conclusively resolve all issues as to all parties, are interlocutory and not appealable without leave. In this case, a per ...
Kent Motor Cars, Inc. v. Reynolds & Reynolds Co., 207 N.J. 428 (2011). Rule 4:5-1(b)(2) requires the first pleading of each party to disclose the names of any non-party who should be joined in the case or who has potential ...
The Supreme Court of New Jersey decided several cases in 1968 that began the expansion of the discovery rule in New Jersey. On this date, the Court decided Diamond v. New Jersey Bell Telephone Co., 51 N.J. 594 (1968). That case ...
State of New Jersey v. Merrill Lynch & Co., Inc., 640 F.3d 545 (3d Cir. 2011). Does a forum selection clause providing that “exclusive jurisdiction … shall lie in the appropriate courts of the State [of] New Jersey” include the United States ...
Retired Assistant Prosecutor/DAG is Not a “Retired Law Enforcement Officer” Entitled to a Gun Permit
In re Denial of Application of Giles W. Casaleggio for a Retired Law Enforcement Officer Handgun Permit, 420 N.J. Super. 121 (App. Div. 2011). Giles Casaleggio retired from a career in which he served as an Assistant County Prosecutor and as a Deputy ...
Frumer v. Nat’l Home Ins. Co., 420 N.J. Super. 7 (App. Div. 2011). This short opinion by Judge Simonelli, which involved claims under a new home warranty, reverses a lower court’s refusal to compel arbitration despite the seemingly plain language of an arbitration ...
Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011). In Caspi v. Microsoft Network, LLC, 323 N.J. Super. 118 (App. Div. 1999), the Appellate Division upheld a forum selection clause that was contained in an electronic contract between an internet ...
Today is the anniversary of New Jersey Ass’n for Retarded Citizens v. New Jersey Dep’t of Human Services, 89 N.J. 234 (1982). That case was an action on behalf of retarded citizens for declaratory relief. Writing for a unanimous Court, Justice ...
Sachau v. Sachau, 206 N.J. 1 (2011). In Pacifico v. Pacifico, 190 N.J. 258 (2007), the Supreme Court held that where a divorce agreement provides that the sale of a marital home is to abide a future event, such as the coming of age ...