Orner v. Liu, 419 N.J. Super. 431 (App. Div. 2011). This case involved a motion under several sections of Rule 4:50-1 for relief from a judgment. Defendants, the movants, waited until one day less than one year from the entry of the ...
Smith v. Hudson County Register, 2011 WL 1529730 (App. Div. April 25, 2011). This opinion, by Judge Sabatino, applied the catalyst doctrine to an Open Public Records Act (“OPRA”) case. In Mason v. Hoboken, 196 N.J. 51 (2008), also an OPRA case, ...
Dover-Chester Associates v. Randolph Tp., 419 N.J. Super. 184 (App. Div. 2011). The procedural history of these consolidated appeals was somewhat convoluted, but the legal issue was straightforward, as Judge Espinosa phrased it for the Appellate Division: “whether relaxation [of the requirement ...
Botis v. Estate of Kudrick, ___ N.J. Super. ___ (App. Div. 2011). January 18, 2010 was the effective date of an amendment to the Statute of Frauds that includes palimony agreements among the types of agreements that must be in writing and ...
Conforti v. Kantorowski, 2011 WL 1433764 (App. Div. April 15, 2011). The Appellate Division often expresses displeasure, or worse, with stratagems designed to obtain immediate appellate review of a decision that is in fact interlocutory and therefore not immediately reviewable except on ...
Rezem Family Associates, LP v. Borough of Millstone, 2011 WL 1432181 (App. Div. April 15, 2011). Plaintiff (“Rezem”) owned a 67-acre tract of vacant land. Rezem entered into a series of contracts to sell the land to developers. Each of those purchasers ultimately cancelled the ...
Sean Wood, LLC v. Hegarty Group, Inc., 2011 WL 1529730 (App. Div. April 25, 2011). These two commercial parties each accused the other of breach of contract in connection with plaintiff’s rigging out, loading and delivering industrial machinery and tanks to two of ...
State v. Witczak, 2011 WL 1364012 (App. Div. April 12, 2011). This blog usually is allergic to criminal decisions. But this criminal case involved a virtually even split in the federal Circuit Courts of Appeal on whether the “community caretaker exception” to the requirement of ...
Nutley Policemen’s Benevolent Ass’n v. Township of Nutley, 419 N.J. Super. 160 (App. Div. 2011). The federal Fair Labor Standards Act (“FLSA”) , 29 U.S.C. §§201-219, requires a public employer who gives an employee compensatory time off instead of overtime pay to allow ...
The Supreme Court has amended Rule 1:13-9, which deals with amici curiae. The amendment provides that where the Supreme Court or the Appellate Division has directed the parties to submit briefs on an “accelerated” schedule, “an amicus curiae shall file ...