Appellate Division

Retired Assistant Prosecutor/DAG is Not a “Retired Law Enforcement Officer” Entitled to a Gun Permit

In re Denial of Application of Giles W. Casaleggio for a Retired Law Enforcement Officer Handgun Permit, 420 N.J. Super. 121 (App. Div. 2011).  Giles Casaleggio retired from a career in which he served as an Assistant County Prosecutor and as a Deputy ...

Party Does Not Waive Arbitration Clause by Entering Into Mediation

Frumer v. Nat’l Home Ins. Co., 420 N.J. Super. 7 (App. Div. 2011).   This short opinion by Judge Simonelli, which involved claims under a new home warranty, reverses a lower court’s refusal to compel arbitration despite the seemingly plain language of an arbitration ...

“Submerged” Forum Selection Clause on Seller’s Website is Presumptively Unenforceable

Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011).  In Caspi v. Microsoft Network, LLC, 323 N.J. Super. 118 (App. Div. 1999), the Appellate Division upheld a forum selection clause that was contained in an electronic contract between an internet ...

Tax Appeal Filed by Someone Other Than Taxpayer is Ineffective

Prime Accounting Dep’t v. Township of Carney’s Point, 421 N.J. Super. 199 (App. Div. 2011).  A complaint that sought to contest the assessment of certain property was filed in the Tax Court.  The complaint named plaintiff Prime Accounting Department as the ...

Omission of Alleged Cross-Claim From Appellate Appendix Bars Arguments Based on That Pleading

One Step Up, Ltd.v. Sam Logistic, Inc., 419 N.J. Super. 500 (App. Div. 2011).  This opinion by Judge Graves contains a good discussion of a bailor’s rights and responsibilities in connection with conversion claims.  That discussion is probably the reason why the ...

Appellate Division Keeps Carl Lewis From Getting Out of the Starting Blocks

Layton v. Lewis, 2011 WL 1632039 (App. Div. May 2, 2011).  Olympic gold medalist Carl Lewis filed papers to run for the New Jersey State Senate in the Democratic party primary.  Two registered Republicans objected to his nominating petitions, asserting that Lewis did not ...

An Excellent Overview of the Statute of Repose

Port Imperial Condominum Ass’n, Inc. v. K. Hovnanian Port Imperial Urban Renewal, Inc., 419 N.J. Super. 459 (App. Div. 2011).  The statute of repose, N.J.S.A. 2A:14-1.1, prevents a cause of action for “damages for any deficiency in the design, planning, surveying, supervision ...

State May Appeal Trial Court’s Denial of Mandatory Forfeiture of Convicted Criminal Defendant’s Public Employment

State v. Kennedy, 419 N.J. Super. 475 (App. Div. 2011).  Under N.J.S.A. 2C:44-1(f)(2), the State can appeal a criminal sentence only under limited circumstances.  The defendant in this case, an employee of the Morristown Public Works Department, was indicted on heroin charges, as ...

“Shall” We? Is it “Necessary”?

In re State Bd. of Education’s Denial of Petition to Adopt Regulations Implementing the New Jersey High School Voter Registration Law, 2011 WL 1529734 (App. Div. 2011).  Public interest organizations submitted a petition for rulemaking to compel the Commissioner of Education to ...

In an Unusual Chain Reaction Vehicle Accident Case, The Appellate Division Says “No” to Disqualification of Counsel

McDaniel v. Lee, 419 N.J. Super. 482 (App. Div. 2011).  The merits issue on this appeal was “whether N.J.S.A. 34:15-8, the fellow-servant provision of the Workers’ Compensation Act, …, N.J.S.A. 34:15-1 to -128, which prohibits co-workers involved in a work-related accident from ...