Hrymoc v. Ethicon, Inc., ___ N.J. Super. ___ (App. Div. 2021). This lengthy opinion by Judge Sabatino reversed trial verdicts for plaintiffs in two product liability cases involving pelvic mesh medical devices. The two verdicts together totaled $83 million in ...
Ciripompa v. Bd. of Educ. of Borough of Bound Brook, ___ N.J. Super. ___ (App. Div. 2021). Judge Gummer well summarized her opinion for the Appellate Division today in its first paragraph: ” Plaintiff appeals the Commissioner of Education’s final ...
Late last week, the Supreme Court and the Appellate Division each issued two published opinions. Neither court has issued any published opinions this week (nor is either court slated to do so tomorrow, a relatively long hiatus for both courts ...
New York Mortgage Trust v. Deely, ___ N.J. Super. ___ (App. Div. 2021). Every few years, the Appellate Division publishes an opinion about equitable subrogation. Equitable subrogation, “rooted in principles of equity, is used to compel the ultimate discharge of ...
The past few days have been especially busy ones in my practice. The Appellate Division has likewise been quite busy issuing published opinions as January turned to February. Here are summaries of those opinions. City of Newark v. Township of ...
Haviland v. Lourdes Medical Center of Burlington County, Inc., 466 N.J. Super. 126 (App. Div. 2021). In her opinion for the Appellate Division in this case today, Judge Rose summed up the “discrete yet novel issue” presented by this appeal: ...
The Supreme Court announced Directive # 03-21, available here. That Directive supersedes Directive # 18-17. The new Directive “promulgates a revised set of Children in Court (CIC) standards as approved by the Supreme Court.” The standards themselves have been revised ...
Doe v. Rutgers, the State University of New Jersey, ___ N.J. Super. ___ (App. Div. 2021). Today, the Appellate Division, speaking through Judge Sumners, issued a decision under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. (“OPRA”). Plaintiff, formerly ...
State v. Gerena, 465 N.J. Super. 548 (App. Div. 2021). Defendant was convicted of fourth degree lewdness. A statutory grading element of that offense is that one or more of the children whom witnesses testified were near defendant were under ...
State v. Smith, ___ N.J. Super. ___ (App. Div. 2020). Perhaps fittingly, the final published Appellate Division of 2020, written by Judge Fasciale and issued today, centered on the COVID-19 pandemic. This case involved a trial of murder and other ...