As discussed (perhaps among other places) here, the Appellate Division has long frowned on attempts to file appeals as of right when there is in fact no final judgment on all issues as to all parties. Forty years ago today, the Appellate ...
New Jersey Division of Youth & Family Services v. S.H., 439 N.J. Super. 137 (App. Div. 2015). Scott, a fifteen-year old with ADHD, was accused by his older sister, Sara, of stealing her possessions. Scott’s mother, Susan, confronted Scott about ...
Arias v. Elite Mortgage Group, Inc., 439 N.J. Super. 273 (App. Div. 2015). This opinion by Judge Reisner affirmed a grant of summary judgment in favor of the defendant bank and against the plaintiff mortgagors, applying the de novo standard ...
Myers v. Ocean City Bd. of Adj., 439 N.J. Super. 96 (App. Div. 2015). This opinion by Judge Ostrer, issued last Friday, addresses N.J.S.A. 40:55D-62(a), a provision of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (“MLUL”). The issue, ...
Costa v. Costa, 440 N.J. Super. 1 (App. Div. 2015). This decision today by Judge Leone is a matrimonial appeal. Plaintiff Sandra Costa and defendant Paulo Costa, having married in 1994, were divorced in 2006 after having had two children. ...
Bermudez v. Kessler Institute for Rehabilitation, 439 N.J. Super. 35 (App. Div. 2015). The different ways in which legislative language, even relatively precise definitions, can be seen to be ambiguous or unclear seem endless. In today’s decision, the issue was whether the Kessler ...
Mickens v. Misdom, 438 N.J. Super. 531 (App. Div. 2015). Today’s opinion, by Judge Fisher, affirms the ruling of a Union County trial judge (apparently, Judge Hely, based on a lengthy quotation from the Law Division judge that describes that ...
Rosenstein v. State of New Jersey, Dep’t of Treasury, 438 N.J. Super. 491 (App. Div. 2014). As this concise opinion by Judge Fisher today explains, in 2011, as part of larger pension reforms, legislation was passed that conferred on the ...
Hill International, Inc. v. Atlantic City Bd. of Educ., 438 N.J. Super. 562 (App. Div. 2014). The Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29, requires that a plaintiff in a professional malpractice or professional negligence case submit at an ...
Forty years ago today, when cable television was in relative infancy, the Appellate Division decided In re Promulgation of Rules of Practice and Regulations for the Office of Cable Television, 132 N.J. Super. 45 (App. Div. 1974). The Legislature had ...