In re Estate of Thomas, 431 N.J. Super. 22 (App. Div. 2013). Rule 4:85-1 establishes a short time period (four months for New Jersey residents and six months for non-residents, subject to a “reasonable time” exception under Rule 4:50-1) within which anyone who ...
The Supreme Court has issued a Notice to the Bar, available here, that reveals the schedule for the introduction of electronic filing in the Appellate Division. Criminal appeals and motions filed by the Office of the Public Defender, the Office ...
Hernandez v. North Jersey Neurosurgical Assocs., 2013 N.J. Super. LEXIS 1146 (App. Div. May 14, 2013). This decision, in a medical malpractice case, was designated as not precedential, but perhaps should be reconsidered for publication. It involves the decision of a Presiding Judge ...
In a Notice to the Bar, the Appellate Division has announced that, effective July 1, 2013, the Clerk’s Office will begin “strictly enforcing” various time limitations and page restrictions of the Court Rules. The time provisions at issue include the 45-day period for filing ...
Wolf v. Galex, 2013 N.J. Super. Unpub. LEXIS 1053 (App. Div. May 6, 2013). [Dislosure: I am co-counsel for Mr. Wolf in this matter, and I argued this appeal before the Appellate Division]. Plaintiff and defendant were law partners. They broke up ...
Cologna v. Board of Trustees, Police & Firemen’s Retirement Syst., 430 N.J. Super. 362 (App. Div. 2013). By statute, a former member of the Police and Firemen’s Retirement System (“PFRS”) normally has two years to resume employment and reinstitute membership in the PFRS. N.J.S.A. ...
Schepisi & McLaughlin, P.A. v. Lofaro, 430 N.J. Super. 347 (App. Div. 2013). In this decision by Judge Kennedy, the Appellate Division reversed rulings of the Law Division because, among other things, the plaintiff law firm had failed to comply with Rule 1:20A-6, which ...
Regalado v. Curling, 430 N.J. Super. 342 (App. Div. 2013). The lesson of this short opinion by Judge Sapp-Peterson, issued the day after this appeal was orally argued due to the need for speed, is that “[e]lection laws are to be liberally ...
The list of summer Parts for the Appellate Division was just published and can be viewed here. It is a good thing to keep at hand as needed. ...
Sometimes we all fall behind. On March 21, 2013, the Appellate Division decided In re N.J.A.C. 7:1B-1.1 et seq., 431 N.J. Super. 100 (App. Div. March 21, 2013). A coalition of environmental groups had challenged administrative rules promulgated by the New Jersey Department ...