The NJSBA Annual Meeting in Atlantic City featured a program today on the “nuts and bolts” of appellate practice. The panel of speakers was headed by Judges Carchman and Messano. Naturally, many of the “nuts and bolts” were the kinds ...
Sauro v. Sauro, 425 N.J. Super. 555 (App. Div. 2012). This contentious divorce action boiled down to the complaint of a large law firm that an equitable distribution award was improper because, in making that award, the Family Part improperly elevated the interests of the ...
In Emma v. Evans, 424 N.J. Super. 36 (App. Div. 2012), the Appellate Division addressed the question of whether the presumption in favor of the parent of primary residence who seeks a surname change for a child, established in Gubernat v. December, 140 ...
State v. Locascio, 425 N.J. Super. 474 (App. Div. 2012). Expert opinion is an area in which decisions in the criminal realm find their way into civil cases as well. For example, Kemp v. State, 174 N.J. 412 (2002), is often cited in ...
Rubessa v. Warner, 2012 WL 1468789 (App. Div. April 30, 2012). In spite of frequent warnings that interlocutory appeals improperly brought as final will be dismissed, the Appellate Division occasionally overlooks that distinction and grants leave to appeal nunc pro tunc ...
Township of Neptune v. New Jersey Dep’t of Environmental Protection, 425 N.J. Super. 422 (App. Div. 2012). The Township of Neptune sued the DEP in the Law Division for an order requiring the DEP to perform certain dredging of a waterway and ...
Konop v. Rosen, 425 N.J. Super. 391 (App. Div. 2012). Trial lawyers and appellate lawyers take heed! The Appellate Division, speaking through an encyclopedic opinion by Judge Messano, has issued one of the relatively rare appellate opinions about the application of the ...
A recent posting about citations to Wikipedia in the federal Circuit Courts of Appeals leads to the question of what the attitude is toward Wikipedia in the Supreme Court of New Jersey, the Appellate Division, and the Third Circuit Court ...
Cowher v. Carson & Roberts, 425 N.J. Super. 285 (App. Div. 2012). Plaintiff Myron Cowher worked for a trucking company. His two supervisors persistently hurled anti-Semitic epithets at him, including (among many others) “Jew Bag,” “Jew Bastard,”If you were a German, we ...
Quinlan v. Curtiss-Wright Corp., 425 N.J. Super. 335 (App. Div. 2012). This is a long-running employment discrimination case that came back to the Appellate Division after a remand by the Supreme Court. Judge Sabatino wrote a comprehensive opinion for the panel that educates ...