B.H. v. Easton Area School District, 725 F.3d 293 (3d Cir. 2013). The majority opinion in this en banc case, written by Judge Smith, begins as follows. “Once again, we are asked to find the balance between a student’s right ...
In re Lazy Days’ RV Center, Inc., 724 F.3d 418 (3d Cir. 2013). In this bankruptcy appeal, Judge Hardiman, writing for the panel, reversed a district court decision that had vacated an order of the Bankruptcy Court on the grounds ...
Farmers Mut. Fire Ins. Co. of Salem v. New Jersey Property-Liability Ins. Guar. Ass’n, 215 N.J. 552 (2013). Today’s unanimous opinion by Justice Albin addresses the proper allocation of environmental cleanup costs when one of the insurers on the risk is ...
Alicea v. Board of Review, 432 N.J. Super. 347 (App. Div. 2013). In Rivera v. Board of Review, 127 N.J. 578 (1992), a case that, like today’s decision, involved a claim for unemployment benefits, the Supreme Court stated that there ...
Norfolk Southern Railway Co. v. Intermodal Properties, LLC, 210 N.J. 261 (2013). New Jersey law allows railroads and public utilities to take private property by eminent domain. N.J.S.A. 48:3-17.7 requires that any such taking be “not incompatible with the public interest,” and N.J.S.A. 48:12-35 limits ...
Hayes v. Wal-Mart Stores, Inc., 725 F.3d 349 (3d Cir. 2013). In this consumer class action, the Third Circuit, in an opinion by Judge Scirica, vacated class certification. That decision rested largely on the fact that the district court had not had ...
State v. Quixal, 431 N.J. Super. 502 (App. Div. 2013). Today’s post is a guest post by Jeffrey A. Shooman, one of my colleagues in the Appellate Practice Group at Lite DePalma Greenberg, LLC, dealing with an important criminal law decision by ...
In re Plan for the Abolition of the Council on Affordable Housing, 214 N.J. 444 (2013). The Council on Affordable Housing (“COAH”) was established as part of the Legislature’s response to the Mount Laurel cases. In those cases, the Supreme Court had announced ...
Borough of Harvey Cedars v. Karan, 214 N.J. 384 (2013). Using the power of eminent domain, the Borough of Harvey Cedars took a portion of defendants’ beachfront property (actually, the Borough took an easement) and constructed a 22-foot high dune. That dune ...
Heyert v. Taddese, 431 N.J. Super. 388 (App. Div. 2013). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represented the Hoboken Rent Leveling & Stabilization Board in this appeal and in the other appeals discussed in this post]. This has been a busy ...