Cherilus v. Federal Express, 435 N.J. Super. 172 (App. Div. 2014). Plaintiff Joseph Cherilus was injured while working on a Federal Express loading dock. A “cargo lift” was the cause of his injury. He and his wife sued Linc Facilities ...
In re Grant of Charters to Merit Preparatory Charter School and Newark Preparatory Charter School, 435 N.J. Super. 273 (App. Div. 2014). Charter schools are the subject of much controversy. In this case, the Commissioner of Education issued charters to two schools, Merit ...
New Jersey Div. of Child Protection & Permanency v. L.W., 435 N.J. Super. 189 (App. Div. 2014). Impoverishment does not equal child neglect. That is the conclusion of this opinion by Judge Koblitz. The Appellate Division reversed a finding by ...
Hess Corp. v. ENI Petroleum, US, LLC, 435 N.J. Super. 89 (App. Div. 2014). ENI entered into a “Base Contract,” a form widely used in the oil industry, under which ENI would supply natural gas to Hess and provide the ...
Bellino v. Verizon Wireless, 435 N.J. Super. 85 (App. Div. 2014). The Workers Compensation Act, N.J.S.A. 34:15-1 to -142 (“the Act”), contains an “anti-fraud” provision in N.J.S.A. 34:15-57.4. Under that provision, a person who “purposely or knowingly makes, when making a claim for benefits ...
New Jersey Realty Concepts v. Mavroudis, 435 N.J. Super. 118 (App. Div. 2014). For over sixty years, it has been the law that “money or other property in the hands of an officer of a court is regarded as being ...
The Supreme Court announced this morning that it has granted certification to review Lippman v. Ethicon, Inc., 432 N.J. Super. 378 (App. Div. 2013). The decision of the Appellate Division is discussed here. The question presented, as phrased by the Supreme Court Clerk’s office, is ...
In an Order published yesterday afternoon, Chief Justice Rabner announced that Judges Carol Higbee, Thomas Manahan, and Thomas Sumners, Jr., are being temporarily assigned to the Appellate Division. The re-assignments become effective on April 14 and will run through June 20. ...
Under Rule 2:8-1(b), motions in the Appellate Division are not normally argued orally. On March 5, however, an Appellate Division panel (Judges Fuentes, Simonelli, and Haas) heard oral argument, at the panel’s request, on a motion by the Fair Share ...
Prioleau v. Kentucky Fried Chicken, Inc., 434 N.J. Super. 558 (App. Div. 2014). In Arroyo v. Durling Realty, LLC, 443 N.J. Super. 238 (App. Div. 2013), discussed here, Judge Sabatino discussed the “mode of operation” theory of negligence liability. In essence, the doctrine eases the ...