RAB Performance Recoveries, LLC v. George, 419 N.J. Super. 81 (App. Div. 2011), and Cowger v. Cherry Hill Mitsubishi, Inc., 2011 WL 848133 (App. Div. March 14, 2011). The Appellate Division recently made two pro-consumer decisions. In RAB, a published opinion written by Judge Reisner, ...
Jennings v. Borough of Highlands, 418 N.J. Super. 405 (App. Div. 2011). “The right to protest zoning amendments has existed in this State for more than eighty years.” A successful protest under the Municipal Land Use Law (“MLUL”), N.J.S.A. 40:55D-63, has the ...
White Tp. v. Castle Ridge Development Corp., 419 N.J. Super. 68 (App. Div. 2011). A developer, Castle Ridge, got approval to build a fifteen-lot subdivision. A developer’s agreement that Castle Ridge signed with the Township of White stated that the Township had the ...
Saffos v. Avaya, Inc., 419 N.J. Super. 244 (App. Div. 2011). A jury found that defendant Avaya’s termination of plaintiff’s employment had violated the New Jersey Law Against Discrimination (“NJLAD”), in that the termination was part of a pattern of firing older ...
Estate of Desir v. Vertus, 418 N.J. Super. 310 (App. Div. 2011). “[W]here an imperiled person draws in another to his predicament, it is foreseeable that the person drawn in will be injured unless the victim exercises reasonable care.” That was the ...
Mid-Atlantic Solar Energy Industries Ass’n v. Christie, 418 N.J. Super. 499 (App. Div. 2011). In 1999, the Legislature authorized electric and gas public utilities to impose a “societal benefits charge” on customers in order to recover certain costs, and for use in ...
Vas v. Roberts, 418 N.J. Super. 509 (App. Div. 2011). Former Assemblyman Joseph Vas was indicted while in office for crimes of public corruption. In response to those indictments, then Assembly Speaker Joseph Roberts, Jr. suspended Vas’s Assembly salary and benefits. Vas ...
Jones v. Hayman, 418 N.J. Super. 291 (App. Div. 2011). This was a class action suit by women inmates against the Department of Corrections (“DOC”). The key question in the case, as stated by Judge Fisher in his opinion for the Appellate Division, was ...
In re Adoption of Regional Affordable Housing Development Program Guidelines, 418 N.J. Super. 387 (App. Div. 2011). In 2009, the Council on Affordable Housing (“COAH”) adopted Regional Affordable Housing Development Program Guidelines, in order to implement an amendment to the Fair Housing Act, ...
YA Global Investments, L.P. v. Cliff, 419 N.J. Super. 1 (App. Div. 2011). This is a personal jurisdiction case. But it is not the usual circumstance, where a plaintiff asserts jurisdiction based on a defendant’s contact with the forum state. Instead, the entire ...