A Key Consumer Fraud Case for the Supreme Court

The Supreme Court announced that it has granted review in All the Way Towing, LLC v. Bucks County International, Inc.  The question presented on this appeal, as phrased by the Supreme Court Clerk’s Office, is “Does the Consumer Fraud Act (CFA), ...

No Accidental Disability Benefits for Teacher Who Alleged Mental Disability as a Result of Three Incidents of Physical Contact at Work

Thompson v. Baord of Trustees, Teachers’ Pension & Annuity Fund, 233 N.J. 232 (2018).  As discussed here, this case came before the Supreme Court by virtue of a dissent in the Appellate Division.  The issue was whether a prior Supreme ...

ACLU v. Hendricks Goes Back to the Secretary of Higher Education to Develop a Full Administrative Record

American Civil Liberties Union of New Jersey v. Hendricks, 233 N.J. 181 (2018).  In 2016, in a decision reported at 445 N.J. Super. 452 (App. Div. 2016), and discussed here, the Appellate Division invalidated as unconstitutional grants that the Department ...

Referring to a Party’s Brief Instead of Offering Findings and Conclusions Draws Judge Fuentes’s Ire

Estate of Doerfler v. Federal Ins. Co., 454 N.J. Super. 298 (App. Div. 2018).  This opinion by Judge Fuentes today is one of the shortest published opinions of the Appellate Division.  It deals with breach of contract and bad faith ...

Unemployment Benefits, Suppression of Evidence, and the Alleged Improper Exercise of Peremptory Challenges Based on Race Come Before the Supreme Court

The Supreme Court announced that it has granted review in two more cases.  The first, Blake v. Board of Review, was discussed here.  Since the Court had previously granted review in McClain v. Board of Review, 451 N.J. Super. 461 ...

How Not to Behave as an Attorney

On this date in 1983, the Supreme Court decided In re Vincenti, 92 N.J. 591 (1983).  As noted here, this is a morbidly entertaining disciplinary opinion involving a practitioner who was the subject of discipline multiple times.  The Court’s per ...

Digging Out

This past Monday, I argued two appeals in the Supreme Court of New Jersey.  They were the Accutane matters discussed and .  In the period leading up to those arguments, and the days following, the courts continued to issue opinions.  ...

The Supreme Court Adds Two Cases Involving Schools

The Supreme Court announced that it will review two new cases.  One is at the Court as of right, due to a dissent in the Appellate Division.  The Court granted certification in the other. The appeal as of right is ...

Some Clarity on the Substantive Provisions of the TCCWNA

Spade v. Select Comfort Corp., 232 N.J. 504 (2018).  [Disclosure:  My partner Susana Cruz Hodge and I submitted an amicus curiae brief in support of the plaintiffs in this case, on behalf of the Consumers League of New Jersey].  This ...

Two Nominees for the Third Circuit

The White House announced two nominees to fill seats on the Third Circuit Court of Appeals.  They are Paul Matey of New Jersey and David Porter of Pennsylvania. Matey is currently senior vice president and general counsel of University Hospital ...