McGovern v. Rutgers, The State University, 418 N.J. Super. 458 (App. Div. 2011). New Jersey’s Sunshine Law, also known as the Open Public Meetings Act, N.J.S.A. 10:4-6 to -21, is the focus of this opinion by Judge Baxter. The Appellate Division concluded ...
More than two months after Justice Roberto Rivera-Soto provoked a crisis regarding the temporary appointment of Appellate Division Presiding Judge Edwin Stern to fill the Supreme Court seat left vacant when Governor Christie decided not to reappoint Justice John Wallace, ...
Society of Holy Child Jesus v. City of Summit, 418 N.J. Super. 365 (App. Div. 2011). State tax statutes and the Municipal Land Use Law (“MLUL”) are not often bedfellows in the same case. This case is one of those times. The Appellate Division, in ...
Investors Savings Bank v. Waldo Jersey City LLP, 418 N.J. Super. 149 (App. Div. 2011). A loan agreement provided that all documents relating to the loan were legal, valid, binding and enforceable, and “free from any right of setoff, counterclaim or other defense.” Plaintiff, ...
Disabled in Action of Pennsylvania v. SEPTA, 635 F.3d 87 (3d Cir. 2011). The Americans with Disabilities Act (“ADA”), a federal statute, by definition applies nationwide. As a result, the Third Circuit’s decision in this case, which involves a complaint that portions of the public ...
Chief Justice Rabner has appointed four trial level judges to the Appellate Division on a temporary basis. Judge Patricia B. Roe, who sits in the Family Part, Ocean County, has been appointed to Part A. Judge Mitchel E. Ostrer, a Criminal ...
AMB Property, LP v. Penn America Ins. Co., 418 N.J. Super. 441 (App. Div. 2011). The plaintiff’s warehouse tenant, Mystic, obtained a liability insurance policy from the defendant, through the defendant’s agent, Jimcor. Imperial, a third party agent of Mystic, agreed to pay the policy premiums in ...
On this date in 1892, Robert H. Jackson, later a Justice of the United States Supreme Court, was born. Justice Jackson, an appointee of President Franklin D. Roosevelt, was also well-known for his service as chief prosecutor at the Nuremberg war ...
The Supreme Court of New Jersey has granted certification to review that portion of the decision in Walker v. Giuffre, 415 N.J. Super. 597 (App. Div. 2010), that involved an enhancement of the fees of the plaintiff’s counsel under the ...
Government of the Virgin Islands v. Mills, 634 F.3d 746 (3d Cir. 2011). It’s not often that a case from the Virgin Islands affects the law of appellate practice in the Third Circuit generally. This case, however, deals with two important appellate ...