Statutory Amendment Trumps “Law of the Case”

In re Denial of Regional Contribution Agreement Between Galloway Tp. and City of Bridgeton, 418 N.J. Super. 94 (App. Div. 2011).   The Council on Affordable Housing (“COAH”) denied approval of a regional contribution agreement (“RCA”) between Galloway and Bridgeton.  The basis for ...

Attorney Side-Switching After City of Atlantic City v. Trupos

Twenty-First Century Rail Corp. v. New Jersey Transit Corp., 419 N.J. Super. 343 (App. Div. 2011).  Rule of Professional Conduct 1.9(a) states that “[a] lawyer who has represented a client in a matter shall not thereafter represent another client in the same ...

No Right to Bring Damage Suit for Insurer’s Refusal to Obey Compensation Judge’s Order

Stancil v. ACE USA, 418 N.J. Super. 79 (App. Div. 2011).  A series of articles in The Star-Ledger in April 2008 exposed a pervasive problem of insurance companies flouting the orders of Workers’ Compensation judges that required the insurers to pay for ...

Expungement of Conviction Does Not Make Reference to That Conviction Tortious

G.D. v. Kenny, 205 N.J. 275 (2011).  A political campaign flyer charged that a candidate had as an aide “a DRUG DEALER who went to JAIL for FIVE YEARS for selling coke near a public school.”  That assertion was not completely accurate.  ...

Interlocutory Appeals From PIP Arbitration Decisions are Not Allowed

Allstate New Jersey Ins. Co. v. Neurology Pain Associates, 418 N.J. Super. 246 (App. Div. 2011).  The Automobile Insurance Cost Reduction Act (“AICRA”) changed the way personal injury protection (“PIP”) benefit arbitrations are handled under the No Fault Act, N.J.S.A. 39:6A-1 to ...

Mortgagee Lacks Standing to Enforce Note and Mortgage Unless Documents are Properly Authenticated

Wells Fargo Bank, N.A. v. Ford, 418 N.J. Super. 592 (App. Div. 2011).  The question of whether foreclosing mortgagees have the proper proofs to support their cases has been all over the news lately.  Now, in an opinion by Judge Skillman, the Appellate ...

When May a Party Unilaterally Withdraw an Appeal?

State v. Gaffey, 92 N.J. 374 (1983).  Today is the 28th anniversary of this opinion, so it seems appropriate to revisit this case today.  Though the “meritorious issue [was] whether under the New Jersey Code of Criminal Justice a criminal ...

Entity That Purchases Another Entity’s Assets Can be Liable for Delinquent ERISA Fund Contributions

Einhorn v. M.L. Ruberton Const. Co., 632 F.3d 89 (3d Cir. 2011).  When two firms merge, the successor firm may be liable for delinquent ERISA fund contributions of the predecessor.  But where one entity buys the assets of another, liability “is not well settled,” ...

The Breadth of Discovery in Legal Malpractice Cases

Marrero v. Feintuch, 418 N.J. Super. 48 (App. Div. 2011).  Numerous cases say that in New Jersey state courts, pretrial discovery in civil cases is very broad.  This case reiterates that principle in the context of a legal malpractice claim by a ...

Attorneys’ Fees Under the “Fund in Court” Doctrine

Porreca v. City of Millville, 419 N.J. Super. 212 (App. Div. 2011).  Rule 4:42-9(a)(2) permits recovery of attorneys’ fees from a “fund in court.”  Porreca, a decision written by Judge Axelrad, held that the plaintiff’s counsel could seek a fee based on the “tangible ...