Stop & Shop Supermarket Co., LLC v. County of Bergen, 450 N.J. Super. 286 (App. Div. 2017). The Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (“OPRA”), permits suits for access to public records covered by OPRA. A successful OPRA ...
The Supreme Court announced late yesterday that it has granted certification in three more cases. In the first matter, Serico v. Rothberg, the question presented, as phrased by the Supreme Court Clerk’s office, is “Did plaintiff waive her right to ...
On this date in 2003, the Appellate Division decided Seacoast Builders Corp. v. Rutgers, 358 N.J. Super. 524 (App. Div. 2003). This was a relatively rare case in which the Appellate Division exercised original jurisdiction under Rule 2:10-5 to decide ...
Serico v. Rothberg, 448 N.J. Super. 604 (App. Div. 2017). In this medical malpractice case, plaintiff and defendant entered into a “high-low” agreement while awaiting a jury verdict. As Judge Rothstadt noted in his opinion in this case today, such ...
Noren v. Heartland Payment Systems, Inc., 448 N.J. Super. 486 (App. Div. 2017). In Abbamont v. Piscataway Tp. Bd. of Educ., 238 N.J. Super. 603 (App. Div. 1990), aff’d, 138 N.J. 405 (1994), the Appellate Division ruled that there was ...
DeGarmeaux v. DNV Concepts, Inc., 448 N.J. Super. 148 (App. Div. 2016). As Judge Manahan stated in his opinion for the Appellate Division in this case, “[t]he issue of reasonbleness of counsel fees has been the subject of numerous decisions.” ...
Raab v. City of Ocean City, 833 F.3d 286 (3d Cir. 2016). In this case under the Civil Rights Act, 42 U.S.C. §1983, both plaintiff and the defendant municipality claimed to be the “prevailing party” and therefore sought an award ...
Williams v. American Auto Logistics, 226 N.J. 117 (2016). Parties who fail to follow procedural rules are a source of frustration to busy trial judges. As Justice Fernandez-Vina noted in today’s opinion for a unanimous Supreme Court, courts have “a ...
Cranford Development Associates v. Cranford Tp., 445 N.J. Super. 220 (App. Div. 2016). This Mount Laurel litigation resulted in a builder’s remedy for construction of a 360-unit residential development in Cranford. The Township and other defendant municipal agencies appealed, but ...
Bandler v. Melillo, 443 N.J. Super. 203 (App. Div. 2015). It is a venerable rule that a party may appeal only a judgment, not the contents of an opinion that supports the judgment. Thus, if a party is not contesting ...