LVNV Funding, LLC v. Colvell, 421 N.J. Super. 1 (App. Div. 2011). This opinion, by Judge Koblitz, reversed summary judgment for a creditor on a revolving credit card account and discussed the proper way to prove such a case. More ...
K.L.G. v. D.M.., 2011 WL 2321404 (App. Div. June 29, 2011). Rule 2:9-1(a) provides that once a notice of appeal is filed, “supervision and control” of the case pass to the Appellate Division. As this per curiam opinion states, at that point, ...
Wood v. New Jersey Manufacturers Ins. Co., 206 N.J. 562 (2011). The question of what claims are triable to a jury has vexed the courts for many years, in various different contexts. Wood contains a sound and scholarly analysis of ...
State v. Mierzwa, 420 N.J. Super. 207 (App. Div. 2011). This case involved a municipal court matter that was first tried on July 27, 2006, nearly five years ago. On appeal from a conviction at that time, both the Law Division and the Appellate ...
Ott v. Guardian Protective Services, Inc.., 2011 WL 2297783 (App. Div. May 24, 2011). Final orders are immediately appealable, while interlocutory orders, which do not conclusively resolve all issues as to all parties, are interlocutory and not appealable without leave. In this case, a per ...
Kent Motor Cars, Inc. v. Reynolds & Reynolds Co., 207 N.J. 428 (2011). Rule 4:5-1(b)(2) requires the first pleading of each party to disclose the names of any non-party who should be joined in the case or who has potential ...
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 ...
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 ...
Yousef v. General Dynamics Corp., 205 N.J. 543 (2011). In deciding where a case can be brought, New Jersey courts normally honor the plaintiff’s choice of forum, especially where the plaintiff is a New Jersey citizen. A defendant who seeks dismissal on the ...
On April Fool’s Day, 1968, the Supreme Court of New Jersey decided McLaughlin v. Bassing, 51 N.J. 410 (1968). In a one-sentence ruling, the Court reversed the Appellate Division’s dismissal of a personal injury complaint, 100 N.J. Super. 67 (App. ...