Borough of Merchantville v. Malik & Son, LLC, 218 N.J. 556 (2014). In this eminent domain case, the Appellate Division held that, in taking a piece of property by condemnation, the Borough of Merchantville was obligated by the Eminent Domain ...
State v. Camacho, 218 N.J. 533 (2014). It is an error “of constitutional dimension” for a trial judge in a criminal case to fail to instruct the jury that it could not draw an adverse inference from the defendant’s decision ...
Tumpson v. Farina, 218 N.J. 450 (2014). [Disclosure: Victor A. Afanador and Jeffrey A. Shooman, my colleagues at Lite DePalma Greenberg, LLC, represented the municipal defendants in this case]. The Appellate Division in this matter, in an opinion discussed here and reported at ...
Opalinski v. Robert Half Int’l Inc., 761 F.3d 314 (3d Cir. 2014). In this case under the Fair Labor Standards Act, 29 U.S.C. §201 et seq. (“FLSA”), plaintiffs signed employment agreements that contained an arbitration clause. That clause stated that “[a]ny ...
State v. Savoy, 218 N.J. 224 (2014). Under Article VI, section 2, paragraph 3 of the New Jersey Constitution, the Supreme Court has plenary power to “make rules governing the administration of all courts in the State and, subject to ...
In re Opinion No. 17-2012 of the Advisory Committee on Professional Ethics, 220 N.J. 468 (2014). Chapter 7 bankruptcy is the most common resource of indigent individuals who must file for bankruptcy. Many Chapter 7 cases are “no-asset cases,” in which ...
Gormley v. Wood-El, 218 N.J. 72 (2014). Cases under the Civil Rights Act, 42 U.S.C. §1983, are often difficult for plaintiffs. Such cases often fail, frequently on dispositive motions, due to qualified immunity, as in Schneider v. Simonini, 163 N.J. 336 (2000), ...
Litwin v. Whirlpool Corp., 436 N.J. Super. 80 (App. Div. 2014). In Portee v. Jaffee, 84 N.J. 88 (1980), the Supreme Court established “a cause of action for damages to a bystander as a result of witnessing an injury-producing event ...
In re Makowka, 754 F.3d 143 (3d Cir. 2014). This opinion by Judge Hardiman, involving as it does an issue of Pennsylvania law with bankruptcy implications, likely would ordinarily be of little interest in New Jersey. But the decision is useful ...
Nuveen Municipal Trust v. WithumSmith Brown P.C., 752 F.3d 600 (3d Cir. 2014). As discussed here, the Supreme Court of New Jersey has occasionally accepted requests from the the Third Circuit Court of Appeals to answer certified questions of law under ...