Mayer v. Once Upon a Rose, Inc., 429 N.J. Super. 365 (App. Div. 2013). An employee of defendant, a florist, who was setting up floral arrangements for an engagement party, allegedly gripped a glass vase so tightly that it shattered, with shards seriously injuring ...
In re City of Camden and International Ass’n of Firefighters, Local 788, 429 N.J. Super. 309 (App. Div. 2013). For over ten years, the City of Camden has been in such dire financial straits that the State of New Jersey has provided ...
Sayles v. G&G Hotels, Inc., 429 N.J. Super. 266 (App. Div. 2013). This case involved the interpretation of an indemnification clause. In his opinion for the panel, Judge Fisher unpacked a “complex” provision and ultimately found it unambiguous even though the clause might ...
Mastropole v. Giunta, 2012 N.J. Super. LEXIS 86 (App. Div. Jan. 15, 2013). This is a contract case that my colleague Marissa L. Quigley and I handled under the Appellate Division’s Pro Bono Civil Pilot Program. In a per curiam decision, ...
Today, while I was waiting to argue an appeal in the Appellate Division, an argument before mine illustrated the idea that sometimes it is the right move to concede that one’s position on a particular legal issue is not correct. The ...
Nielsen v. Wal-Mart Store #2171, 429 N.J. Super. 251 (App. Div. 2013). Defendant Wal-Mart Store #2171 owned a unit in a multi-unit condominium development owned by another defendant. Plaintiff was an employee of an independent contractor whom Wal-Mart hired to do pest ...
At last night’s NJSBA Appellate Practice Committee meeting, we heard a report on Appellate Division statistics for the preceding court year (the meeting was to have occurred in the fall but was postponed due to circumstances beyond anyone’s control). In ...
In separate Orders issued on January 4 and made public today, Chief Justice Rabner has reassigned Judge Ashrafi to Part G of the Appellate Division and Judge Hayden to Part C. Both reassignments will be effective as of February 1. ...
Onyx Leasing Systems, Inc. v. Stevens, 2012 N.J. Super. Unpubl. LEXIS 2830 (App. Div. Dec. 28, 2012). Amercement is a cause of action that, according to the per curiam opinion in this unpublished decision of the Appellate Division today, has existed ...
Chiarello v. PERS Bd. of Trustees, 429 N.J. Super. 194 (App. Div. 2012). This opinion by Judge Fisher addressed the question of whether the application of plaintiff for a disability retirement from his job with the South Jersey Transportation Authority while retaining ...