Lord v. Board of Review, 425 N.J. Super. 187 (App. Div. 2012). Did an employee who accepted his employer’s directive that he “had to resign” leave his job “voluntarily” so as to disqualify him from receiving unemployment benefits under N.J.S.A. 43:21-5(a)? That was ...
Walid v. Yolanda for Irene Couture, Inc.., 425 N.J. Super. 171 (App. Div. 2012). It is elemental that “justifiable reliance” on an allegedly fraudulent mispresentation is necessary to make out a fraud claim. But cases on what does or does not constitute ...
Walker v. Choudhary, 425 N.J. Super. 135 (App. Div. 2012). This was a medical malpractice and wrongful death action. Three defendants, a doctor, a medical group, and a company that owns a hospital, won summary judgment based on the statute of limitations. Plaintiff ...
Little v. Kia Motors America, Inc., 425 N.J. Super. 82 (App. Div. 2012). In this consumer class action, which involved alleged defects in Kia automobiles, Judge #1 presided over a classwide jury trial. The jury found for plaintiff and the class on the issue of ...
Last night’s meeting of the NJSBA’s Appellate Practice Committee, of which I am a member and a past Chair, was a roundtable discussion with six distinguished Appellate Division judges. The judges took questions and asked their own questions of those ...
State v. Perini Corp., 425 N.J. Super. 62 (App. Div. 2012). N.J.S.A. 2A:14-1.1a establishes a ten-year statute of repose for actions involving alleged deficiencies “in the design, planning, surveying, supervision or construction of an improvement to real property.” Writing for the panel ...
Cole v. Jersey City Medical Center, 425 N.J. Super. 48 (App. Div. 2012). Plaintiff, a nurse anesthetist at Jersey Medical Center, sued the Medical Center and her immediate employer, Liberty Anesthesia Associates (“Liberty”), for retaliatory discharge, employment discrimination, and other things. Plaintiff ...
Columbro v. Lebanon Tp. Bd. of Adj.., 424 N.J. Super. 501 (App. Div. 2012). Defendants Michael and Frances Edwards obtained a conditional use variance that allowed them to conduct a welding business in the garage of their home, which was located in a ...
Tonight, I was privileged to attend an event at which the Seton Hall Law School’s Women’s Law Forum honored Judge Wefing with its “Women of Substance” award. Approximately 150 people were present, including Chief Justice Rabner, Justices Lavecchia and Patterson, ...
As of March 16, Judge Carchman reaches mandatory retirement age. With Judge Carchman’s consent, Chief Justice Rabner has issued an order recalling him to service on Part F of the Appellate Division through August 31, 2012. In a separate order, ...