New Jersey Division of Child Protection & Permanency v. B.O., 438 N.J. Super. 373 (App. Div. 2014). Very few appeals are based on the argument that the finder of fact erred in assessing the credibility of witnesses. That is because ...
C.J.R. v. G.A., 438 N.J. Super. 387 (App. Div. 2014). Near the end of a closely-contested lacrosse game in a youth recreational league for less advanced players, a twelve-year-old player suffered a fractured arm after an eleven-year-old opponent struck him on the arm while trying to get ...
Moran v. Board of Trustees, Police & Firemen’s Retirement System, 438 N.J. Super. 346 (App. Div. 2014). This appeal was by a firefighter who sought an accidental disability retirement pension under N.J.S.A. 43:16A-7. Here is the first paragraph of Judge Reisner’s ...
Hurwitz v. AHS Hospital Corp., 438 N.J. Super. 269 (App. Div. 2014). The Healthcare Quality Improvement Act of 1986 (“HCQIA”), 42 U.S.C. §§11111-11112, creates an immunity from damages claims arising out of a “professional review action of a professional review ...
As reported here, Judge Gibbons Whipple was previously elevated to the Appellate Division, to serve on Part G, for a term extending from September 15, 2014 through November 23, 2014. Today, a November 21, 2014 Order from Chief Justice Rabner was ...
Dispenziere v. Kushner Companies, 438 N.J. Super. 11 (App. Div. 2014). In Atalese v. United States Legal Services Group, L.P., 219 N.J. 430 (2014), discussed here, the Supreme Court ruled that an arbitration clause that does not contain “clear and unambiguous ...
L.T. v. F.M., 438 N.J. Super. 76 (App. Div. 2014). This case began with plaintiff obtaining a final restraining order (“FRO”) against defendant in the Family Part because defendant had assaulted plaintiff on multiple occasions. The FRO resulted from a ...
Mortgage Grader, Inc. v. Ward & Olivo, LLP, 438 N.J. Super. 202 (App. Div. 2014). In the legal malpractice context, a “tail” insurance policy is one that “provides insurance coverage for malpractice that occurs during the claims-made policy coverage period but is ...
In an article in Tuesday’s New York Times, Adam Liptak reported that opponents of same-sex marriage are challenging the composition of Ninth Circuit panels that have heard cases involving gay rights. The opponents assert that, against what they say are ...
Education Law Center v. New Jersey State Bd. of Educ., 438 N.J. Super. 108 (App. Div. 2014). In In re Grant of Charters to Merit Preparatory School and Newark Preparatory Charter School, 435 N.J. Super. 273 (App. Div. 2014), discussed ...