The Supreme Court announced late yesterday that it has granted review of the Appellate Division’s decision in Department of Children and Families v. E.D.-O., 434 N.J. Super. 154 (App. Div. 2014). The Appellate Division’s ruling is discussed here. The question presented, ...
My firm, Lite DePalma Greenberg, LLC, was successful in two Appellate Division cases within the last few days. Last week, in Villaquiran v. All-State International, Inc., 2014 N.J. Super. Unpub. LEXIS 1633 (App. Div. July 8, 2014), one of my cases, ...
Chief Justice Rabner announced today that Judges Higbee, Manahan, and Sumners will move to the Appellate Division effective on August 1. All three had been temporarily assigned to the Appellate Division earlier this year, so today’s announcement does not come as a ...
Flinn v. Amboy Nat’l Bank, 436 N.J. Super. 274 (App. Div. 2014). This opinion by Judge Sabatino contains, among other things, an encyclopedic discussion of cases that address the standards of review on a motion to dismiss a complaint. Additionally, ...
As announced by the Supreme Court here, Judge Rodriguez will retire as a judge on September 1, 2014. Effective June 19, he has waived continued temporary service on the Supreme Court and will return to the Appellate Division. With the ...
Casal v. Hyundai Motor America, 436 N.J. Super. 296 (App. Div. 2014). In this case under the Lemon Law, N.J.S.A. 56:12-32(a)(1), which includes a fee-shifting provision for successful claimants, the issue on appeal related to attorneys’ fees. As Judge Higbee ...
The Supreme Court has granted certifcation to review the Appellate Division’s decision in DeMarco v. Stoddard, 434 N.J. Super. 352 (App. Div. 2014). The Appellate Division’s decision is discussed here. The question presented, as phrased by the Supreme Court Clerk’s Office, is ...
The Supreme Court will review the decision of the Appellate Division in Prioleau v. Kentucky Fried Chicken, Inc., 434 N.J. Super. 558 (App. Div. 2014). This appeal was as of right, since there was a dissenting opinion in the Appellate Division. That court’s ...
Manata v. Pereira, 436 N.J. Super. 330 (App. Div. 2014). In this automobile-pedestrian collision case, “plaintiff’s counsel engaged in improper cross-examination when he confronted defendant with a police report that counsel did not offer in evidence, but whose substance he ...
Wreden v. Township of Lafayette, 436 N.J. Super. 117 (App. Div. 2014). As Judge Haas described it in this opinion, the “continuing tort doctrine, also known as the ‘continuing violation doctrine,’ provides that when an individual is subjected to a ...