Motley v. Division of State Police, 2010 WL 4621498 (App. Div. Nov. 15, 2010). In this appeal of the pre-trial dismissal of a CEPA case, the Appellate Division found itself “constrained to criticize plaintiff’s brief for failing to direct us ...
Lucante v. Lucante, 2010 WL 4570211 (App. Div. Nov. 15, 2010). This opinion contains a lengthy discussion of the concept of abuse of discretion. There are a number of useful citations regarding that concept. The court also found it necessary ...
Washington Commons, LLC v. City of Jersey City, 416 N.J. Super. 555 (App. Div. 2010). Where two prior lawsuits between the parties were already finally concluded, and no case was currently pending, a city could not enforce a condition on ...
Sisolak v. Briarwood Sportsman’s Club, 2010 WL 4483387 (App. Div. Nov. 10, 2010). This opinion states that while it is “generally preferable to have counsel fee applications filed contemporaneously with, or shortly after, the entry of a final order disposing ...
In re R.B., 2010 WL 4340645 (App. Div. Nov. 4, 2010). This opinion quotes a nice turn of phrase regarding the limitations on an appellate court’s review of credibility issues: “the best and most accurate record (of oral testimony) is ...
Onuigbo v. American Export Lines, 2011 WL 13762 (App. Div. Nov. 1, 2010). A lawyer would not, or should not, have had happen what occurred here, since appellate lawyers know that only issues listed in the notice of appeal are ...
Baptiste v. Baptiste, 2010 WL 5395803 (App. Div. Oct. 29, 2010). In this otherwise run-of-the-mill appeal, the Appellate Division thanked a private lawyer for appearing with plaintiff at oral argument and supplying transcripts under the court’s Pro Bono Civil Pilot ...
Abulkhair v. Liberty Mut. Ins. Co., 2010 WL 4226222 (App. Div. Oct. 27, 2010). Here, a party’s notice of motion in the Law Division requested oral argument only if there was opposition to the motion, a fairly standard form of ...
Fletcher v. Camden County Prosecutor’s Office, 2010 WL 4226150 (App. Div. Oct. 27, 2010). In this appeal from a summary judgment, the Appellate Division questioned whether the appellate record was the same as the motion record below. Somewhat unhappily, the ...
Wells Fargo Bank, N.A. v. Garner, 416 N.J. Super. 520 (App. Div. 2010). In this opinion by Judge Koblitz, the Appellate Division declared that a purported appeal from a grant of summary judgment in foreclosure action is interlocutory and dismissed ...