In re Trust of Violet Nelson, 454 N.J. Super. 151 (App. Div. 2018). As Judge Ostrer stated in his opinion in this case today, the issue was “whether a trial court may look beyond the apparently plain language of a ...
MacDonald v. Cashcall, Inc., 883 F.3d 220 (3d Cir. 2018). There have been some outlandish circumstances in decisions involving arbitration, especially in the class action context. But today’s case, a putative class action in which Judge Shwartz wrote a wise ...
Yesterday and today, the Supreme Court did what it does not often do: affirm a decision of the Appellate Division substantially for the reasons expressed by the Appellate Division, rather than writing its own fully-expressed opinion. Yesterday’s ruling, in Granata ...
On this date in 1956, the Supreme Court decided Friedman v. Tappan Development Corp., 22 N.J. 523 (1956). Like Newark Publishers’ Ass’n v. Newark Typographical Union, 26 N.J. 419 (1956), decided just one week earlier, Friedman was an opinion by ...
Pollack v. Quick Quality Restaurants, Inc., 452 N.J. Super. 174 (App. Div. 2017). The first paragraph of Judge Gibbons Whipple’s opinion for the Appellate Division well encapsulated what this appeal was about. “In this appeal, as an issue of first ...
Moon v. Breathless, Inc., 868 F.3d 209 (3d Cir. 2017). At least since 2014, when the Supreme Court of New Jersey decided Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (2014) (discussed here), New Jersey law has been ...
In re Atlantic County, 230 N.J. 237 (2017); In re New Jersey Firemens Association Obligation to Provide Relief Application Under Open Public Records Act, 230 N.J. 258 (2017). On Wednesday and Thursday of this week, Justice Solomon issued two opinions ...
GMAC Mortgage, LLC v. Willoughby, 230 N.J. 172 (2017). In 2008, recognizing the effects of the financial crisis on New Jersey homeowners, our Supreme Court established the Residential Mortgage Foreclosure Mediation Program. The Program was intended to foster mediated resolutions ...
Abboud v. National Union Fire Ins. Co., 450 N.J. Super. 400 (App. Div. 2017). This opinion by Judge Ostrer interpreted an “insured vs. insured” exclusion in a directors and officers liability insurance policy. That exclusion generally bars coverage for claims ...
Gil v. Clara Maass Medical Center, 450 N.J. Super. 368 (App. Div. 2017). This was a medical malpractice case. The appeal, however, resulted from the Law Division’s grant of summary judgment in favor of certain insurers, which threw out plaintiff’s ...