Association New Jersey Rifle & Pistol Clubs v. Governor of the State of New Jersey, 707 F.3d 238 (3d Cir. 2013). In this opinion by Judge Sloviter, the Third Circuit deservedly gave the back of its hand to arguments by a gun ...
Jersey Central Power & Light Co. v. Melcar Utility Co., 212 N.J. 576 (2013). Article I, paragraph 9 of the New Jersey Constitution provides that “the right to trial by jury shall remain inviolate.” In civil cases, jury trials are available only ...
Today is the fortieth anniversary of Roe v. Wade, 410 U.S. 113 (1973). That decision, written by Justice Blackmun, an appointee of President Nixon, and joined in by Justices as liberal as Douglas, Brennan and Marshall and as conservative as ...
Mastropole v. Giunta, 2012 N.J. Super. LEXIS 86 (App. Div. Jan. 15, 2013). This is a contract case that my colleague Marissa L. Quigley and I handled under the Appellate Division’s Pro Bono Civil Pilot Program. In a per curiam decision, ...
Mala v. Crown Bay Marina, Inc., 704 F.3d 239 (3d Cir. 2013). Plaintiff, a citizen of the Virgin Islands, refueled his powerboat at defendant’s fueling station. The boat’s tank overflowed with gasoline, and even though plaintiff tried to clean up the excess ...
Chiarello v. PERS Bd. of Trustees, 429 N.J. Super. 194 (App. Div. 2012). This opinion by Judge Fisher addressed the question of whether the application of plaintiff for a disability retirement from his job with the South Jersey Transportation Authority while retaining ...
In re Veto of Minutes of New Jersey Racing Comm’n, 429 N.J. Super. 277 (App. Div. 2012). This case, in which Judge Messano wrote the Appellate Division’s opinion, involved an unusual statutory scheme. Under legislation that created the Atlantic City Tourism District, ...
Nitro-Lift Technologies, LLC v. Howard, 133 S.Ct. 500 (2012). In a line of cases that includes Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395 (1967), and Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440 (2006), the Supreme ...
Deutsche Bank Nat’l Trust Co. v. Russo, 429 N.J. Super. 91 (App. Div. 2012). This was another mortgage foreclosure case in which defendants belatedly asserted that plaintiff lacked standing because plaintiff was not in possession of the note when the foreclosure complaint ...
New Jersey Ass’n of School Administrators v. Cerf, 428 N.J. Super. 588 (App. Div. 2012). To help reduce property taxes by limiting school district spending, the Department of Education approved, by rule, a regime that includes a cap on the salary that ...