Serico v. Rothberg, 448 N.J. Super. 604 (App. Div. 2017). In this medical malpractice case, plaintiff and defendant entered into a “high-low” agreement while awaiting a jury verdict. As Judge Rothstadt noted in his opinion in this case today, such ...
Ricci v. Ricci, 448 N.J. Super. 546 (App. Div. 2017). As Judge Lihotz observed in the opening sentence of her opinion for the Appellate Division in this case, Newburgh v. Arrigo, 88 N.J. 529 (1982), established the principle that “the ...
Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 448 N.J. Super. 583 (App. Div. 2017). The Municipal Land Use Law (“MLUL”), in N.J.S.A. 40:55D-10.5, contains a “time of application rule” that determines what ordinance governs a land use development ...
Kean Federation of Teachers v. Morell, 448 N.J. Super. 520 (App. Div. 2017). As a public body, Kean University’s Board of Trustees is subject to the Open Public Meetings Act, N.J.S.A. 10:4-6 to,-21 (“OPMA”). This decision by Judge Fuentes addressed ...
Noren v. Heartland Payment Systems, Inc., 448 N.J. Super. 486 (App. Div. 2017). In Abbamont v. Piscataway Tp. Bd. of Educ., 238 N.J. Super. 603 (App. Div. 1990), aff’d, 138 N.J. 405 (1994), the Appellate Division ruled that there was ...
Scheeler v. Office of the Governor, 448 N.J. Super. 333 (App. Div. 2017). In these consolidated appeals, plaintiffs each sent requests under the Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (“OPRA”), to various public agencies. Those requests all sought ...
Tisby v. Camden Cty. Correctional Facility, 448 N.J. Super. 241 (App. Div. 2017). Plaintiff, a corrections officer at the defendant correctional facility(“CCCF”) since 2002, became a Muslim in 2015. She began to wear a khimar (also known as a hijab), ...
Kirkpatrick v. Hidden View Farm, 448 N.J. Super. 165 (App. Div. 2017). A boy who tagged along with his mother to a horse farm but did not himself take part in any horse-related activity there was barred from suing when ...
Judge Carol E. Higbee, who has been an Appellate Division judge for two years and, before that, a trial level judge in Atlantic County for 21 years, died on January 3 at age 66. After a judicial clerkship in Atlantic ...
FDASmart, Inc. v. Dishman Pharmaceuticals & Chemicals Ltd., 448 N.J. Super. 195 (App. Div. 2016). Plaintiff filed an action for breach of contract against two defendants, Dishman Pharmaceuticals & Chemicals, Ltd. (“DPCL”), a company based in India, and its United ...