In re Estate of Michael D. Fisher, II, 443 N.J. Super. 180 (App. Div. 2015).  Under N.J.S.A. 3B:5-4(b), when a person dies with no spouse or children, the person’s parents each share equally in the decedent’s intestate estate.  A parent ...

Williams v. Borough of Clayton, 442 N.J. Super. 583 (App. Div. 2015).  N.J.S.A. 40A:14-129 and -130 mandate that an officer seeking promotions to “superior position[s]”in police departments in smaller municipalities (that is, those not designated as “first class” or “second ...

In re Revel AC, Inc., 802 F.3d 558 (3d Cir. 2015).  “We seldom focus on how to balance the four factors that determine whether to grant a stay pending appeal despite the practical and legal importance of these procedural standstills.  ...

Kaye v. Rosefielde, 223 N.J. 218 (2015).  Kaye v. Rosefielde, 432 N.J. Super. 421 (App. Div. 2013), discussed here, seemed destined for Supreme Court review.  The Court did grant review, but limited to the issue of whether a court may ...

Manhattan Trailer Park Homeowners Ass’n, Inc. v. Manhattan Trailer Court & Trailer Sales, Inc., 438 N.J. Super. 185 (App. Div. 2014).  The Mobile Home Protection Act, N.J.S.A. 46:8C-2 to -21, is intended to protect residents of mobile home parks against unscrupulous ...

Benjoray, Inc. v. Academy House Child Development Center, 437 N.J. Super. 481 (App. Div. 2014).  In general, landlord-tenant cases are intended to proceed in the Special Civil Part.  The presumption is that such cases are suitable for disposition without the ...

Flintkote Company v. Aviva PLC, 769 F.3d 215 (3d Cir. 2014).  Efforts to force arbitration on parties who did not agree to it continue.  In this case, however, the Third Circuit, speaking through Judge Vanaskie, refused to allow that. Plaintiff ...

Valley Nat’l Bank v. Meier, 437 N.J. Super. 401 (App. Div. 2014).  In this case, defendant sought to foist a wholly unjust result on plaintiff in connection with a foreclosure action.  Judge Fisher, writing for the Appellate Division, would have ...

Ferring Pharmaceuticals, Inc. v. Watson Pharmaceuticals,, Inc., 765 F.3d 205 (3d Cir. 2014).  Plaintiff Ferring and defendant Watson (now known as Actavis, Inc.) are competing pharmaceutical companies.  Each company markets a prescription progesterone product.  Watson presented a webcast for medical ...

New Jersey Realty Concepts v. Mavroudis, 435 N.J. Super. 118 (App. Div. 2014).  For over sixty years, it has been the law that “money or other property in the hands of an officer of a court is regarded as being ...