West Pleasant-CPGT, Inc. v. U.S. Home Corp., 243 N.J. 92 (2020). [Disclosure: I represented the successful defendant in this appeal]. This unanimous decision by Justice LaVecchia today addressed an equitable remedy that lower courts have made available to foreclosure debtors ...
Investors Bank v. Torres, 243 N.J. 25 (2020). As discussed here, the Appellate Division, in an opinion reported at 457 N.J. Super. 53 (App. Div. 2018), affirmed a summary judgment for plaintiff in this foreclosure action. The Supreme Court granted ...
LVNV Funding, LLC v. DeAngelo, 464 N.J. Super. 103 (App. Div. 2020). What does a court do when each party is, for different reasons, in the wrong? That is the question that Judge Fisher had to answer in his opinion ...
Due to a personal matter, there have been no posts on this blog since June 2. This post will summarize some of the decisions from our appellate courts since that date. Separately, Governor Murphy nominated Fabiana Pierre-Louis to fill the ...
With relatively rare exceptions, stays pending appeal do not get a lot of attention in published cases. That is because decisions on applications for such stays, by their nature, are generally made quickly and without necessarily resulting in a published ...
On this date in 1962, the Supreme Court decided Sarner v. Sarner, 38 N.J. 463 (1962). The Court’s unanimous decision there, along with Sunset Beach Amusement Corp. v. Belk, 33 N.J. 162 (1960), on which Sarner relied extensively, is a ...
Since this is an appellate law blog, its “anniversary” posts (as well as all or virtually all others) deal with appellate decisions. Today’s post is an exception, in that it is the anniversary of Garden State Equality v. Dow, 433 ...
A.J. v. R.J., ___ N.J. Super. ___ (App. Div. 2019). This opinion by Judge Mawla involved a primary custodial parent (plaintiff) who, due to a rent increase at her Elizabeth residence, moved over 60 miles away to Mount Holly. Her ...
[Disclosure: I represent the petitioner in this matter.] The Supreme Court today announced its first grant of review in the new Term. The case is West Pleasant-CPGT, Inc. v. U.S. Home Corp. The question presented, as phrased by the Supreme ...
The Appellate Division Elaborates on the Crowe v. DeGioia Standard for Preliminary Injunctive Relief
Yesterday, in an Order authored by Judge Natali, for himself and Judge Messano, the Appellate Division overturned a preliminary injunction against operation of the New Jersey Medical Aid in Dying for the Terminally Ill Act. The Appellate Division’s Order, which ...