In Shelton v. Restaurant.com, Inc., the Supreme Court of New Jersey took the relatively rare step of accepting questions certified to it by the Third Circuit Court of Appeals. That occurrence was discussed here. The case was argued before the ...
Today, the Supreme Court announced that it had granted certification to review the Appellate Division’s decision in Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011). The question in the case, as phrased by the Clerk’s Office, ...
Walker v. Giuffre, 209 N.J. 124 (2012). In Walker and Humphries v. Powder Mill Shopping Plaza, two different Appellate Division panels had each ruled that restrictive principles governing attorneys’ fee awards under federal fee-shifting statutes, as expressed in Perdue v. Kenny A., ___ U.S. ___, 130 ...
Dugan v. TGI Friday’s, 2011 WL 5041391 (App. Div. Oct. 25, 2011). Plaintiff bought a beer at the bar of a TGI Friday’s restaurant and was charged $2.00. She then moved to a table, ordered another of the same beer, and ...
Princeton Healthcare System v. Netsmart New York, Inc., 422 N.J. Super. 467 (App. Div. 2011). This opinion, written by Judge Skillman, involves “a negotiated contract between corporations for the installation and implementation of a complex computer software system.” The panel found that ...
On September 2, 1971, 40 years ago today, an exterminator wrote to Donald Krobatsch to advise that the house that Krobatsch and his wife had contracted to buy from Natalie Weintraub was infested by cockroaches. The Krobatsches had signed the ...
Kieffer v. High Point Ins. Co., 422 N.J. Super. 38 (App. Div. 2011). This matter involves three consolidated cases. In each, one or more insureds sued their auto insurer after their cars had been fully repaired following an accident. Plaintiffs in each case asserted, ...
Lombardi v. Masso, 207 N.J. 517 (2011). In this case, a Law Division judge granted summary judgment to certain defendants. The judge then denied plaintiff’s motion for reconsideration. Another defendant had defaulted. After hearing the evidence against that defendant at a proof ...
NAACP of Camden County East v. Foulke Management Corp., 421 N.J. Super. 404 (App. Div. 2011). This consumer class action was the occasion for another typically scholarly opinion by Judge Sabatino. Geraldine Thomas, an African-American, bought a new automobile from defendant. She was ...
Local Baking Products, Inc. v. Kosher Bagel Munch, Inc., 421 N.J. Super. 268 (App. Div. 2011). The Telephone Consumer Protection Act, 47 U.S.C. §227 (“TCPA”), prohibits the sending of unsolicited faxes. The TCPA allows recipients of unwanted faxes to sue ...