New Jersey caselaw under the Uniform Commercial Code is relatively undeveloped compared to New York’s decisional law. On this date in 1973, however, the Appellate Division issued one of New Jersey’s leading UCC decisions, Fablok Mills v. Cocker Mach. Co., ...
State v. Correctional Medical Services, Inc., 422 N.J. Super. 363 (App. Div. 2011). The New Jersey False Claims Act, N.J.S.A. 2A:32C-1 to -15 and -17 to -18, was enacted on January 13, 2008. That statute provided that it “shall take effect on ...
Estate of Taylor v. Director, Div. of Taxation, 422 N.J. Super. 336 (App. Div. 2011). In FMC Stores v. Borough of Morris Plains, 100 N.J. 418 (1985), the Supreme Court announced the “square corners” doctrine. That doctrine says, in essence, that in ...
Albrecht v. Correctional Medical Services, 422 N.J. Super. 265 (App. Div. 2011). The Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29, makes the submission of an affidavit that a suit has merit a prerequisite to a case against a “licensed person in his profession ...
Tymczyszyn v. Columbus Gardens, 422 N.J. Super. 253 (App. Div. 2011). Plaintiff slipped on ice and fell on a sidewalk that abuts a “multi-unit residential property” operated by defendant Hoboken Housing Authority. Plaintiff sued, and defendants won summary judgment based on various immunities ...
Tortorice v. Vanartsdalen, 422 N.J. Super. 242 (App. Div. 2011). A fit natural parent has a fundamental right to autonomy in child-rearing decisions, so that a grandparent who seeks visitation rights must show that visitation is necessary to avoid identifiable harm to ...
Maharaj v. Saint Barnabas Health Care System, 2011 WL 4435080 (App. Div. Sept. 26, 2011). In this case, the Appellate Division (Judges Carchman and Nugent) reversed a dismissal of the pro se plaintiff’s complaint for failure to state a claim. The ...
Riley v. New Jersey State Parole Bd., 423 N.J. Super. 224 (App. Div. 2011). The Constitutions of both the United States and New Jersey contain provisions that ban ex post facto laws. Few cases arise under those provisions. Here, however, the issue ...
Raspavolo v. New Jersey State Police, 2011 WL 2848475 (App. Div. Sept. 20, 2011). Plaintiff appealed the January 22, 2010 denial of his motion to vacate a previously entered dismissal of his complaint for failure to state a claim. In an ...
The 1947 Constitution became effective, in general, on January 1, 1948, under Article X, paragraph 5 of that Constitution. However, Article VI, the judicial Article, did not take effect until September 15, 1948, as stated in Article XI, section IV, paragraph ...