Chief Justice Rabner has announced the elevation of three judges to the Appellate Division.  Two of them, Judges Firko and Natali, have been serving on temporary assignment to the Appellate Division since April 16, 2018, as discussed here.  The third ...

MTK Food Services, Inc. v. Sirius America Ins. Co., 455 N.J. Super. 307 (App. Div. 2018).  In McCarrell v. Hoffman-LaRoche, Inc., 227 N.J. 569 (2017), discussed here, the Supreme Court adopted section 142 of the Restatement (Second) of Conflicts of ...

G.A.-H. v. K.G.G., 455 N.J. Super. 294 (App. Div. 2018).  An emergency medical technician (“EMT”), designated as “Kenneth” in today’s opinion by Judge Fisher, engaged in an unlawful sexual relationship with plaintiff (designated as “Georgia”), who was then just fifteen ...

At last night’s NJSBA Appellate Practice Committee meeting, it was announced that three judges of the Appellate Division will be retiring shortly.  They are Judges Carroll, Leone, and Manahan.  Each of those judges are some years short of age 70, ...

City Council of the City of Orange v. Edwards, 455 N.J. Super. 261 (App. Div. 2018).  Willis Edwards III, the subject of today’s decision by Judge Currier, is a former member of the New Jersey Legislature, a professor who has ...

Capital One, N.A. v. Peck, 455 N.J. Super. 254 (App. Div. 2018).  In the usual foreclosure case, the same entity owns both the note and the related mortgage.  The facts of today’s opinion by Judge Koblitz, however, were that the ...

Brunt v. Board of Trustees, Police & Firemen’s Retirement System, 455 N.J. Super. 357 (App. Div. 2018).  In general, except as specified by statute, court rule, or a contract between parties, New Jersey follows the “American Rule,” under which litigants ...

Pisack v. B&C Towing, Inc., 455 N.J. Super. 225 (App. Div. 2018).  This decision by Judge Gilson today in three consolidated appeals implicates the Predatory Towing Prevention Act, N.J.S.A. 56:13-7 et seq. (“Towing Act”), the Consumer Fraud Act, N.J.S.A. 56:8-1 ...

Bowser v. Board of Trustees, Police and Firemens Retirement System, 455 N.J. Super. 165 (App. Div. 2018); Mattia v. Board of Trustees, Police and Firemens Retirement System, 455 N.J. Super. 217 (App. Div. 2018).  These two opinions, issued today by ...

Yarborough v. State Operated School District of the City of Newark, 455 N.J. Super. 136 (App. Div. 2018).  Plaintiff, a third-grade teacher in the Newark public schools, faced a conduct-unbecoming tenure charge for inflicting corporal punishment on two students, in ...