Appellate Division

Appellate Jurisdiction and the Duty of Candor to the Court– All in a Four-Page Opinion

K.L.G. v. D.M.., 2011 WL 2321404 (App. Div. June 29, 2011).  Rule 2:9-1(a) provides that once a notice of appeal is filed, “supervision and control” of the case pass to the Appellate Division.  As this per curiam opinion states, at that point, ...

Defendant’s Membership in New Jersey-Based Cooperative Does Not Confer General Jurisdiction

Mische v. Bracey’s Supermarket, 420 N.J. Super. 487 (App. Div. 2011).  The requirements for personal jurisdiction over a defendant are fairly well-settled, but sometimes challenging to apply.  Judge Skillman’s opinion in this case addresses whether a defendant is subject to personal jurisdiction ...

Bailment, Not Replevin, is The Potential Cause of Action When Seeking Return of Property Validly Seized and Retained by the State

Voellinger v. Dow, 420 N.J. Super. 480 (App. Div. 2011).  In this case, the State seized property pursuant to a valid warrant in 1985.  Not until 2007, when the property became potentially relevant to another litigation, did the property owner seek the return ...

Municipal Land Use Notice That Described Size of Large Retail Store Need Not Have Stated That Store Was a Wal-Mart

Shakoor Supermarkets, Inc. v. Old Bridge Tp. Planning Bd., 420 N.J. Super. 193 (App. Div. 2011).  This case dealt with the issue of how specific a public notice of a development application under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et ...

Unwarranted Hysteria

State v. Timmendequas, 2011 WL 2326967 (App. Div. June 14, 2011).  Talk radio personalities and others whose job it is to create controversy or to enhance the public’s fears have seized on this decision, issued yesterday by Judges Rodriguez, Grall ...

When A Client Legitimately Decides to Change Counsel, the Replaced Attorney Can’t Sue the New Attorney

Nostrame v. Santiago, 420 N.J. Super. 427 (App. Div. 2011).  Many attorneys have seen a potentially lucrative case walk out the door because the client has decided to switch attorneys.  The temptation is to sue someone, perhaps the successor counsel.  That ...

“Law of the Case” Requires Appointed Counsel in Municipal Court for Defendant Whom Appellate Courts Had Found Was Indigent

State v. Mierzwa, 420 N.J. Super. 207 (App. Div. 2011).  This case involved a municipal court matter that was first tried on July 27,  2006, nearly five years ago.  On appeal from a conviction at that time, both the Law Division and the Appellate ...

Statute Extending Limitations Period for Environmental Claims by the State Covers Common Law Strict Liability Cause of Action

New Jersey Dep’t of Environmental Protection v. Exxon Mobil Corp., 420 N.J. Super. 395  (App. Div. 2011).  N.J.S.A. 58:10B-17.1(b) (“the extension statute”) extends the normal statute of limitations for environmental actions “commenced by the State pursuant to the State’s environmental laws.”  ...

Hello, Newman

Here’s an unusual pair of decisions.  Laurence S. Newman married Lynda in 1985.  They were divorced in 1994.  Mr. Newman then married Debra in 1995.  That marriage ended in divorce in 2005.  Two different matrimonial cases, one involving Lynda and the other involving Debra, ...

Dismissal for Failure to Provide Discovery is Interlocutory and, Thus, Not Immediately Appealable

Ott v. Guardian Protective Services, Inc.., 2011 WL 2297783 (App. Div. May 24, 2011).  Final orders are immediately appealable, while interlocutory orders, which do not conclusively resolve all issues as to all parties, are interlocutory and not appealable without leave.  In this case, a per ...