Waste Management of New Jersey, Inc. v. Morris County Municipal Utilities Authority, 433 N.J. Super. 445 (App. Div. 2013).  Under Crowe v. DeGioia, 90 N.J. 126 (1982), some familiar factors normally govern whether interlocutory injunctive relief can be issued.  Those factors, summarized in ...

Beaver v. Magellan Health Services, Inc.. 433 N.J. Super. 430 (App. Div. 2013).  “Under what circumstances may a litigant pursue common law and statutory causes of action in the Law Division, rather than appeal from State final agency determination, where ...

Chief Justice Rabner announced today that Judges Garry S. Rothstadt and Amy O’Connor will be elevated to the Appellate Division effective December 16, 2013.  Judge Rothstadt is a graduate of Rutgers College and Rutgers-Newark Law School.  He was appointed to ...

As noted here, it is highly unusual for Appellate Division not-for-publication opinions to be signed, as opposed to being issued per curiam.  Today, however, two of the four opinions issued by the Appellate Division, all of them not-for-publication, are signed.  ...

Procopio v. Gov’t Employees Ins. Co., 433 N.J. Super. 377 (App. Div. 2013).  As Judge Parrillo stated in today’s opinion, rulings of trial level judges on discovery matters, and on whether to sever some claims from others, are both discretion calls.  In ...

Redd v. Bowman, 433 N.J. Super. 178 (App. Div. 2013).  This is another case that involves the power of citizens of a municipality established under the Faulkner Act, N.J.S.A. 40:69A-1 to -210, to propose municipal ordinances by initiative, N.J.S.A. 40:69A-184, or approve or ...

In re Estate of DeFrank, 433 N.J. Super. 258 (App. Div. 2013).  This case involved the question of whether the funds in certain joint bank accounts, which accounts were in the names of decedent and defendant, passed to defendant or ...

There are many, many decisions, including this published ruling by Judge Lihotz, that implement the directive of Rule 1:7-4 that a trial judge “shall, by an opinion or memorandum decision, either written or oral, find the facts and state its conclusions ...

Five years ago today, the Appellate Division decided Grow Company, Inc. v. Chokshi, 403 N.J. Super. 443 (App. Div. 2008).  There, Judge Fisher, writing for the panel, produced a seminal opinion that emphatically expressed the Appellate Division’s disapproval of tactics ...

Suser v. Wachovia Mortgage, FSB, 433 N.J. Super. 317 (App. Div. 2013).  Though also embodied in N.J.S.A. 2A:62-1, an action to quiet title is a classic equitable remedy that allows an owner of property to “clear up all doubts and ...