The Supreme Court has granted review in Trautman v. Christie, 418 N.J. Super. 559 (App. Div. 2011). The decision of the Appellate Division was discussed here. The questions presented are whether “Kyleigh’s Law,” which requires drivers with a special learner’s permit ...
Today, we are all used to the existence of senior citizen housing developments. Thirty five years ago, however, it was not so clear that such developments were legally permissible. On this date in 1976, the Supreme Court of New Jersey decided two companion cases ...
Lewis v. Guadagno, 445 Fed. Appx. 599 (3d Cir. 2011). Mere days after a panel of the Third Circuit voted 2-1 in favor of Carl Lewis’s bid to be on the ballot for the upcoming State Senate election, the same panel unanimously ...
Riley v. New Jersey State Parole Bd., 423 N.J. Super. 224 (App. Div. 2011). The Constitutions of both the United States and New Jersey contain provisions that ban ex post facto laws. Few cases arise under those provisions. Here, however, the issue ...
The 1947 Constitution became effective, in general, on January 1, 1948, under Article X, paragraph 5 of that Constitution. However, Article VI, the judicial Article, did not take effect until September 15, 1948, as stated in Article XI, section IV, paragraph ...
The saga of Carl Lewis’ attempt to run for the State Senate has taken a new turn. Yesterday, the Third Circuit Court of Appeals reversed a decision of the district court and held, by a 2-1 vote, that Lewis could ...
O’Boyle v. District I Ethics Committee, 421 N.J. Super. 457 (App. Div. 2011). Judge Axelrad’s opinion in this case begins as follows: “Rule 1:20-3(h) provides that in cases where a grievance that was found by the district ethics committee to allege unethical behavior ...
On this date in 1982, the Supreme Court of New Jersey decided two of the landmark separation of powers cases in New Jersey jurisprudence. The first case was General Assembly v. Byrne, 90 N.J. 376 (1982). There, the Court ruled unanimously ...
J. McIntyre Machinery, Ltd. v. Nicastro, 131 U.S. 2780 (2011). Lawyers and judges sometimes refer to new cases that grow out of an older, seminal case as the “progeny” of that earlier decision. Well, welcome a new arrival among the ...
Mische v. Bracey’s Supermarket, 420 N.J. Super. 487 (App. Div. 2011). The requirements for personal jurisdiction over a defendant are fairly well-settled, but sometimes challenging to apply. Judge Skillman’s opinion in this case addresses whether a defendant is subject to personal jurisdiction ...