The Supreme Court has amended Rule 1:13-9, which deals with amici curiae. The amendment provides that where the Supreme Court or the Appellate Division has directed the parties to submit briefs on an “accelerated” schedule, “an amicus curiae shall file ...
Policemen’s Benevolent Ass’n v. City of Trenton, 205 N.J. 422 (2011). The City of Trenton ordered certain employees to report for “muster” ten minutes before their shifts were to start, so that roll calls could be completed and the personnel promptly deployed ...
RAB Performance Recoveries, LLC v. George, 419 N.J. Super. 81 (App. Div. 2011), and Cowger v. Cherry Hill Mitsubishi, Inc., 2011 WL 848133 (App. Div. March 14, 2011). The Appellate Division recently made two pro-consumer decisions. In RAB, a published opinion written by Judge Reisner, ...
On this date in 1975, the Supreme Court of New Jersey decided Southern Burlington Cty. NAACP v. Mount Laurel Tp., 67 N.J. 151 (1975). There, the Court held that each municipality “must, by its land use regulations, make realistically possible ...
GMAC v. Pittella, 205 N.J. 572 (2011). In Wein v. Morris, 194 N.J. 364 (2008), the Supreme Court used its rulemaking power to amend Rule 2:2-3(a) to add orders compelling arbitration to the list of interlocutory orders that are deemed final for ...
Seidman v. Clifton Savings Bank, S.L.A., 205 N.J. 150 (2011). Under the business judgment rule, there is a rebuttable presumption that good faith decisions of a corporate board of directors are valid and not subject to attack by shareholders, absent fraud, self-dealing or unconscionable ...
Keiffer v. Best Buy, 205 N.J. 213 (2011). This opinion deals with the interpretation of an indemnification agreement. It seems an unusual case for the Court to have taken, since most of Justice Albin’s opinion, for a unanimous Court, relates to the unique facts and procedural history ...
Tri-M Group, LLC v. Sharp, 638 F.3d 406 (3d Cir. 2011). In this case, the Third Circuit affirmed a district court ruling that Delaware’s Prevailing Wage Regulations unlawfully discriminated against out-of-state contractors, in violation of the dormant Commerce Clause. For appellate practitioners, ...
State v. Miller, 205 N.J. 79 (2011). Today, live court reporters are rare in state courts. Most courtrooms rely on video or audio recording of trials instead. The issue in this multi-count robbery case, in which the only record was a video ...
Jennings v. Borough of Highlands, 418 N.J. Super. 405 (App. Div. 2011). “The right to protest zoning amendments has existed in this State for more than eighty years.” A successful protest under the Municipal Land Use Law (“MLUL”), N.J.S.A. 40:55D-63, has the ...