Resman v. Resman, 2010 WL 4940039 (App. Div. Dec. 7, 2010).  In this case, which involved post-judgment motions in a matrimonial matter, the Presiding Family Part Judge had handled at least three prior post-judgment motions.  That judge warned the plaintiff ...

King v. Lopez, 2010 WL 4940051 (App. Div. Dec. 7, 2010).  This decision, which involves a contested election for a Jersey City ward council seat, was issued as not for publication.  The opinion is signed by Judge Miniman, for herself ...

Staubach Co. of Pennsylvania v. Galloway Automotive, LLC, 2010 WL 5376868 (App. Div. Dec. 3, 2010).  In this per curiam opinion, the court “recognize[d] that when the discovery end date has not yet passed, and discovery has not yet been ...

Mosteller v. Naiman, 416 N.J. Super. 632 (App. Div. 2010).  In this decision about the proper way to measure damages for destruction of trees on a property not occupied by the owner, Judge Sabatino cited Joyce Kilmer’s 1913 poem, “Trees,” ...

Suazo v. Diletto, 2010 WL 4880700 (App. Div. Dec. 1, 2010).  In this case, after receiving a copy of the appellant’s brief and appendix, including the transcript of the proceedings in the Chancery Division from which the appeal was taken, ...

West Penn Allegheny Health System, Inc. v. UPMC,  627 F.3d 85  (3d Cir. 2010).  The standards for a motion to dismiss for failure to state a claim under New Jersey’s Rule 4:6-2(e) make it very difficult for such motions to succeed.  See, e.g., ...

Kizima v. Bartone, 2010 WL 4721201 (App. Div. Nov. 23, 2010).  This brief decision recounts that the plaintiffs had failed to respond to discovery, and the trial court dismissed their case without prejudice as a result.  The plaintiffs then sought ...

Alexander v. Seton Hall University, 204 N.J. 219 (2010).  In this LAD wage discrimination decision, the Supreme Court addressed whether the continuing tort doctrine would allow the plaintiffs to assert claims that dated back 20, 25 and 29 years, respectively.  The lower ...

New Jersey Div. of Youth & Family Services v. J.D., 417 N.J. Super. 1 (App. Div. 2010).  In this child custody matter, the trial court reopened its decision in the case, which had been closed, based on a later-decided Appellate ...

Committee to Recall Robert Menendez v. Wells, 204 N.J. 79 (2010).  This 4-2 decision holding that the federal Constitution invalidates that portion of a New Jersey recall statute that permits the recall of United States Senator makes fascinating reading.  The ...