Litwin v. Whirlpool Corp., 436 N.J. Super. 80 (App. Div. 2014).  In Portee v. Jaffee, 84 N.J. 88 (1980), the Supreme Court established “a cause of action for damages to a bystander as a result of witnessing an injury-producing event ...

Valent v. Board of Review, 436 N.J. Super. 41 (App. Div. 2014).  June Valent is a registered nurse who worked at Hackettstown Community Hospital.  In order to minimize the incidence of flu among hospital employees, the hospital promulgated a policy requiring ...

Traetto v. Palazzo, 436 N.J. Super. 6 (App. Div. 2014).  Plaintiff sought to enjoin defendants, her next-door neighbors, from allowing their son to play the drums in defendants’ detached garage.  Pleading a common law nuisance claim, plaintiff’s Verified Complaint alleged ...

State v. Witt, 435 N.J. Super. 608 (App. Div. 2014).  Only the Supreme Court of New Jersey can overrule one of its own decisions.  But a party who wishes to challenge a Supreme Court decision must first visit the Appellate ...

American Civil Liberties Union of New Jersey v. New Jersey Div. of Criminal Justice, 435 N.J. Super. 533 (App. Div. 2014).  Plaintiff ACLU filed an Open Public Records Act (“OPRA”) request with defendant Division of Criminal Justice.  That request sought ...

State v. Buckner, 437 N.J. Super. 8 (App. Div. 2014).  The issue of whether mandatory retirement of judges at age 70 is constitutional was discussed here.  (As an aside, the Supreme Court of Pennsylvania, which thereafter addressed that very issue in that ...

Last Friday, Chief Justice Rabner issued the schedule for Appellate Division summer Parts.  That schedule is available here.  The schedule covers the period from June 16 through September 7.  Each Appellate Division judge will serve on a two-judge Part for a two-week ...

Yesterday, Senate Bill 2052 was proposed for introduction.  The legislation would limit the amount of an appeal bond in civil actions to $50 million.  This same legislation was proposed in 2012, and in prior years, but was not adopted.  It was unnecessary and ...

Schochet v. Schochet, 435 N.J. Super. 542 (App. Div. 2014).  In Pasqua v. Council, 186 N.J. 127 (2006), the Supreme Court ruled that “the appointment of counsel to assist parents found to be indigent and facing incarceration at child support ...

Sessner v. Merck Sharp & Dohme Corp., 435 N.J. Super. 347 (App. Div. 2014).  “Dilatoriness in … promptly notifying the court that [settlement] has occurred reflects not only a lack of consideration but a lack of concern for the wasted ...