In re Trust of Violet Nelson, 454 N.J. Super. 151 (App. Div. 2018). As Judge Ostrer stated in his opinion in this case today, the issue was “whether a trial court may look beyond the apparently plain language of a ...
The Appellate Division has issued updated guidelines for the treatment of emergent applications. Those guidelines, available here, update its August 26, 2015 guidelines, which were discussed here. The updates are essentially in two areas, since most of the guidelines have ...
The Appellate Division has announced that in light of yet another Nor’easter that will hit New Jersey, oral arguments scheduled for tomorrow, March 21, are postponed, and oral argument scheduled for Thursday, March 22, will be heard by telephone. ...
White Glove Hospitality, LLC v. Stockton University, 2018 WL 1352589 (App. Div. March 16, 2018). Many seminars and articles about appellate practice focus on tips for writing better briefs or making more compelling oral arguments. Preparing a proper appendix, a ...
New Jersey Department of Children & Families v. E.L., 454 N.J. Super. 10 (App. Div. 2018). Courts often give public entity parties more leeway in complying with rules, court orders, and the like than private parties are given. Sometimes Court ...
State Farm Guaranty Ins. Co. v. Hereford Ins. Co., 454 N.J. Super. 1 (App. Div. 2018). Following an auto accident, the two insurance company parties to this appeal had a dispute about the reimbursement of personal injury protection (“PIP”) benefits. ...
T.L. v. Goldberg, 453 N.J. Super. 539 (App. Div. 2018). The Appellate Division split 2-1 in this medical malpractice case. The issue was whether the defendant doctor’s unexpected change in his sworn testimony, from an interrogatory answer that stated that ...
Empower our Neighborhoods v. Guadagno, 453 N.J. Super. 565 (App. Div. 2018). This was an election case under the federal and New Jersey civil rights acts, both of which provide attorneys’ fee-shifting in favor of a prevailing plaintiff. At the ...
State of New Jersey in the Interest of N.P., 453 N.J. Super. 480 (App. Div. 2018). This decision by Judge Messano addresses four appeals involving seven different juveniles. The broad issue presented was “whether a juvenile complaint charging a crime ...
Estate of Yearby v. Middlesex County, 453 N.J. Super. 388 (App. Div. 2018). Today’s snowstorm offered the opportunity to circle back, belatedly, to this opinion by Judge Fuentes, which was issued on February 27. Plaintiffs’ decedent, who was allegedly mentally ...