Though the Supreme Court of New Jersey and the Appellate Division are only just beginning to ramp up in the new Term, the Third Circuit has been pumping out published opinions in bulk, as it did late in August. Here ...
The Supreme Court announced that is has granted certification in three more cases. Two of them are criminal appeals. The third is an insurance case in which, due to a dissent in the Appellate Division, an appeal as of right ...
Due to a Supreme Court brief, a major Appellate Division brief, some personal matters, and issues as to the hosting of this blog, there were no postings here for the last part of July. So this post is in the ...
Holtham v. Lucas, 460 N.J. Super. 308 (App. Div. 2019). As Judge Ostrer noted in the first sentence of his opinion in this case today, “[a]ccording to well-settled contract law, a provision that stipulates an unreasonably large amount of damages ...
Last week, the Appellate Division issued four published opinions on a single day, as discussed here. Today, the court released three published decisions. Here are summaries of those opinions: New Jersey Div. of Child Protection & Permanency v. B.H., 460 ...
In the last several weeks, this blog has largely focused on Supreme Court decisions and grants of review. That was not meant to slight the Appellate Division, whose judges have made some important rulings as well. Here are summaries of ...
Kernahan v. Home Warranty Administrator of Florida, Inc., 236 N.J. 301 (2019). When the Supreme Court grants review based on a particular issue raised by the petitioner, but the petitioner subsequently abandons that issue, the Court has at least three ...
Bermeo v. Bermeo, 457 N.J. Super. 77 (App. Div. 2018). Today is the second consecutive day on which Judge Firko released a published opinion. The essence of it is that when parties to a divorce matter negotiate and carefully draft ...
Balducci v. Cige, 456 N.J. Super. 219 (App. Div. 2018). This opinion by Judge Nugent today affirmed a trial level decision, after a plenary hearing, that voided a retainer agreement between the defendant attorney and the plaintiff client for defendant ...
Serico v. Rothberg, 234 N.J. 168 (2018). As discussed here, last year, the Appellate Division ruled in this medical malpractice case that a “high-low agreement” is a contract, and that where the agreement did not provide for plaintiff to recover ...