An Anniversary in the Law of Sidewalk Liability

For many years, New Jersey followed the rule that an abutting property owner, even a commercial property owner, could not be liable for injuries suffered by a pedestrian on a defective or dilapidated sidewalk unless the owner or its predecessor in title ...

Tax Appeal Filed by Someone Other Than Taxpayer is Ineffective

Prime Accounting Dep’t v. Township of Carney’s Point, 421 N.J. Super. 199 (App. Div. 2011).  A complaint that sought to contest the assessment of certain property was filed in the Tax Court.  The complaint named plaintiff Prime Accounting Department as the ...

Justice Alito Addresses the Third Circuit Judicial Conference

The 70th Third Circuit Judicial Conference began last night in Philadelphia.  Those of us in attendance were treated to an interesting keynote address by the Third Circuit’s (and New Jersey’s) own Justice Alito of the United States Supreme Court.  Justice ...

A Poor Judicial Product and a Disaster for Consumer Protection: A Lengthy Analysis of AT&T v. Concepcion

AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740 (2011).  From the same people who brought us the outrageous 5-4 decision in Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007), comes another 5-4 ruling that similarly permits corporate ...

Omission of Alleged Cross-Claim From Appellate Appendix Bars Arguments Based on That Pleading

One Step Up, Ltd.v. Sam Logistic, Inc., 419 N.J. Super. 500 (App. Div. 2011).  This opinion by Judge Graves contains a good discussion of a bailor’s rights and responsibilities in connection with conversion claims.  That discussion is probably the reason why the ...

Appellate Division Keeps Carl Lewis From Getting Out of the Starting Blocks

Layton v. Lewis, 2011 WL 1632039 (App. Div. May 2, 2011).  Olympic gold medalist Carl Lewis filed papers to run for the New Jersey State Senate in the Democratic party primary.  Two registered Republicans objected to his nominating petitions, asserting that Lewis did not ...

Supreme Court Nomination Logjam is Broken

Governonr Chris Christie and Senate Majority Leader Stephen Sweeney have reached agreement on how to handle the long-pending Supreme Court nomination of Anne Patterson.  The Governor will withdraw her nomination for the seat formerly occupied by Justice John Wallace.  Instead, ...

An Excellent Overview of the Statute of Repose

Port Imperial Condominum Ass’n, Inc. v. K. Hovnanian Port Imperial Urban Renewal, Inc., 419 N.J. Super. 459 (App. Div. 2011).  The statute of repose, N.J.S.A. 2A:14-1.1, prevents a cause of action for “damages for any deficiency in the design, planning, surveying, supervision ...

State May Appeal Trial Court’s Denial of Mandatory Forfeiture of Convicted Criminal Defendant’s Public Employment

State v. Kennedy, 419 N.J. Super. 475 (App. Div. 2011).  Under N.J.S.A. 2C:44-1(f)(2), the State can appeal a criminal sentence only under limited circumstances.  The defendant in this case, an employee of the Morristown Public Works Department, was indicted on heroin charges, as ...

“Shall” We? Is it “Necessary”?

In re State Bd. of Education’s Denial of Petition to Adopt Regulations Implementing the New Jersey High School Voter Registration Law, 2011 WL 1529734 (App. Div. 2011).  Public interest organizations submitted a petition for rulemaking to compel the Commissioner of Education to ...