DeGarmeaux v. DNV Concepts, Inc., 448 N.J. Super. 148 (App. Div. 2016). As Judge Manahan stated in his opinion for the Appellate Division in this case, “[t]he issue of reasonbleness of counsel fees has been the subject of numerous decisions.” ...
State v. Morrison, 227 N.J. 295 (2016). In today’s unanimous opinion by Justice Albin, the issue was whether a volunteer emergency medical technician (“EMT”) is a “public servant” who can be charged with official misconduct under N.J.S.A. 2C:30-2(a). This was ...
Carroll v. Delaware River Port Authority, 843 F.3d 129 (3d Cir. 2016). 28 U.S.C. §1292(b) permits a District Court to certify a question of law to a Court of Appeals for resolution. The Court of Appeals must consent to decide ...
Slawinski v. Nicholas, 448 N.J. Super. 25 (App. Div. 2016). There are a surprising number of published New Jersey cases in the family context regarding grandparent visitation of grandchildren. Examples are here, here, and here. This latest decision, by Judge ...
Communication Workers of America, AFL-CIO v. New Jersey Civil Service Comm’n, 447 N.J. Super. 584 (App. Div. 2016). Article V, section 4, paragraph 6 of the New Jersey Constitution, approved by the voters in 1992, gives the Legislature the power ...
HUNY & BH Associates v. Silberberg, 447 N.J. Super. 606 (App. Div. 2016). This 2-1 decision of the Appellate Division, issued today, is a rare published opinion on a motion to dismiss an appeal. Defendant Silberberg filed a motion to ...
In re Robbinsville Tp. Bd. of Educ. v. Washington Tp. Educ. Ass’n, 227 N.J. 192 (2016). In Borough of Keyport v. International Union of Operating Engineers, 222 N.J. 314 (2015), the Supreme Court approved temporary layoffs of public workers where ...
Tagayun v. AmeriChoice of New Jersey, Inc., 446 N.J. Super. 570 (App. Div. 2016). As Judge Higbee noted in her opinion for the Appellate Division today, Rule 1:4-8 or N.J.S.A. 2A:15-59.1, which afford sanctions for frivolous litigation, “must both be ...
E&J Equities v. Franklin Tp. Bd. of Adj. , 226 N.J. 549 (2016). Billboards are not everyone’s favorite thing. Many view them as a blot on the landscape (and not humorous at all, unlike the 1980’s British comedy “Blott on ...
Lombardi v. Lombardi, 447 N.J. Super. 26 (App. Div. 2016). “[A]limony is neither a punishment for the payor nor a reward for the payee…. It is a right arising out of the marriage relationship to continue to live according to ...