As discussed here, Lombardi v. Masso, a case pending in the Supreme Court of New Jersey, presents potentially important issues regarding the application of the law of the case doctrine.  The Court has announced that it will hear oral argument in Lombardi on ...

There has been a death in my family.  Posts will resume here after the shivah period has concluded. ...

White Tp. v. Castle Ridge Development Corp., 419 N.J. Super. 68 (App. Div. 2011).  A developer, Castle Ridge, got approval to build a fifteen-lot subdivision.  A developer’s agreement that Castle Ridge signed with the Township of White stated that the Township had the ...

State v. Shelley, 205 N.J. 320 (2011).  Statutory interpretation questions pop up endlessly.  In this case, defendant was accused of selling cocaine within 1,000 feet of a school, in violation of N.J.S.A. 2C:35-7, which criminalizes drug sales “while on any school property used for school purposes ...

Saffos v. Avaya, Inc., 419 N.J. Super. 244 (App. Div. 2011).  A jury found that defendant Avaya’s termination of plaintiff’s employment had violated the New Jersey Law Against Discrimination (“NJLAD”), in that the termination was part of a pattern of firing older ...

Estate of Desir v. Vertus, 418 N.J. Super. 310 (App. Div. 2011).  “[W]here an imperiled person draws in another to his predicament, it is foreseeable that the person drawn in will be injured unless the victim exercises reasonable care.”  That was the ...

Mid-Atlantic Solar Energy Industries Ass’n v. Christie, 418 N.J. Super. 499 (App. Div. 2011).  In 1999, the Legislature authorized electric and gas public utilities to impose a “societal benefits charge” on customers in order to recover certain costs, and for use in ...

Vas v. Roberts, 418 N.J. Super. 509 (App. Div. 2011).  Former Assemblyman Joseph Vas was indicted while in office for crimes of public corruption.  In response to those indictments, then Assembly Speaker Joseph Roberts, Jr. suspended Vas’s Assembly salary and benefits.  Vas ...

Imagine that someone assembled Bill Russell, Magic Johnson, Larry Bird, Michael Jordan, and Kobe Bryant to discuss how to win NBA championships.  The parallel to such a gathering, for those interested in appellate practice, was tonight’s seminar entitled “Appellate Advocacy in ...

Snyder v. Phelps, 131 S. Ct. 1207 (2011).   Members of a Baptist church who believe that God punishes the United States and its military for tolerating homosexuality picketed near a soldier’s funeral.  They did that on a public street, behind a ...