Estate of Francis P. Kennedy v. Rosenblatt, 447 N.J. Super. 444 (App. Div. 2016). Judge Nugent’s decision for the Appellate Division in this case today encapsulated in its opening paragraph the messy fact pattern that presented itself: “This interlocutory appeal ...
Cumberland Farms, Inc. v. New Jersey Dep’t of Environmental Protection, 447 N.J. Super. 444 (App. Div. 2016). Plaintiff (“CFI”) operates convenience stores and gas stations in many locations in New Jersey. Hazardous substances are discharged at some of those locations. ...
Petro-Lubricant Testing Laboratories, Inc. v. Adelman, 447 N.J. Super. 391 (App. Div. 2016). The “single publication rule” gives a defamation plaintiff “a single cause of action, which arises at the first publication of an alleged libel, regardless of the number ...
At last week’s NJSBA Appellate Practice Committee meeting, which featured a talk about ethics in appellate practice, statistics for the 2015-16 Appellate Division term were presented. Those statistics are generally similar from term to term, as can be seen (for ...
Midland Funding, LLC v. Bordeaux, 447 N.J. Super. 330 (App. Div. 2016). This was a small claims case in which plaintiff sought to collect a consumer debt as to which it was an assignee. After defendant filed an answer and ...
Tagayun v. AmeriChoice of New Jersey, Inc., 446 N.J. Super. 570 (App. Div. 2016). As Judge Higbee noted in her opinion for the Appellate Division today, Rule 1:4-8 or N.J.S.A. 2A:15-59.1, which afford sanctions for frivolous litigation, “must both be ...
Lombardi v. Lombardi, 447 N.J. Super. 26 (App. Div. 2016). “[A]limony is neither a punishment for the payor nor a reward for the payee…. It is a right arising out of the marriage relationship to continue to live according to ...
In In re Declaratory Judgment Actions Filed by Various Municipalities, 446 N.J. Super. 259 (App. Div. 2016), discussed here (under the heading “Another Mount Laurel Case for the Supreme Court?”), the Appellate Division issued an important affordable housing decision. That ...
North Jersey Media Group, Inc. v. Bergen County Prosecutor’s Office, ___ N.J. Super. ___ (App. Div. 2016). The answer to the question posed in the caption of this post is, according to Judge Espinosa’s opinion today, “yes,” but only “when ...
This morning, the Appellate Division published a notice to the bar that was dated August 26, 2016. That notice is available here. The intent of the notice is to highlight certain rule changes that will become effective on September 1, ...