Smith v. JCP&L, 421 N.J. Super. 374 (App. Div. 2011).  This opinion, authored by Judge Skillman, addresses a number of interesting issues involving inverse condemnation, nuisance, and other things.  From an appellate practice perspective, however, the case is of interest because it ...

Willingboro Mall, Ltd. v. 240/242 Franklin Avenue, LLC, 421 N.J. Super. 445 (App. Div. 2011).  Normally, any settlement, even an oral settlement agreement, can be enforced.  The question in this case was whether a settlement agreement reached orally at a mediation could ...

Cable v. Rodig, 2011 WL 3425570 (App. Div. Aug. 8, 2011).  In order for an appellate court to understand what happened below, and to review those goings-on, the appellate court needs the full transcript of those proceedings (absent an application ...

Bank of New York v. Laks, 422 N.J. Super. 201 (App. Div. 2011).  N.J.S.A. 2A:50-56(c)(11), a part of the Fair Foreclosure Act (“FFA”), requires a lender who plans to foreclose on a mortgage to serve a notice of intention on the borrower.  The ...

NAACP of Camden County East v. Foulke Management Corp., 421 N.J. Super. 404 (App. Div. 2011).  This consumer class action was the occasion for another typically scholarly opinion by Judge Sabatino.  Geraldine Thomas, an African-American, bought a new automobile from defendant.  She was ...

The Supreme Court of New Jersey has adopted changes to two appellate rules.  Both changes will go into effect on September 1, 2011. First, the list of judgments deemed to be final under Rule 2:2-3 now includes orders on preliminary ...

Raverta v. Lake Mohawk Golf Club, 2011 WL 3207945 (App. Div. July 29, 2011).  Rule 4:6-2(e) allows a defendant to move to dismiss a complaint for failure to state a claim.  That Rule contemplates, however, that (with some exceptions not relevant ...

Futterman v. Board of Review, 421 N.J. Super. 281 (App. Div. 2011).  This case arose out of the 2009 agreement between the Christie administration and the union that represents state workers, in which the State agreed not to lay off ...

Triffin v. Capital One, 2011 WL 2848271 (App. Div. July 20, 2011).  Under Rule 1:36-3, “[n]o unpublished opinion shall constitute precedent,” and “except to the extent required by res judicata, collateral estoppel, the single controversy doctrine or any other similar principle of law, no ...

Local Baking Products, Inc. v. Kosher Bagel Munch, Inc., 421 N.J. Super. 268 (App. Div. 2011).  The Telephone Consumer Protection Act, 47 U.S.C. §227 (“TCPA”), prohibits the sending of unsolicited faxes.  The TCPA allows recipients of unwanted faxes to sue ...