State v. Buckner, 437 N.J. Super. 8 (App. Div. 2014). The issue of whether mandatory retirement of judges at age 70 is constitutional was discussed here. (As an aside, the Supreme Court of Pennsylvania, which thereafter addressed that very issue in that ...
Today’s post is a guest post by Victor N. Metallo, MAE, MBA, JD, Adj. Professor of Business Law, Montclair State University In State v. Ates, 213 N.J. 389 (2014), the Supreme Court unanimously upheld the New Jersey Wiretapping and Electronic ...
Hess Corp. v. ENI Petroleum, US, LLC, 435 N.J. Super. 89 (App. Div. 2014). ENI entered into a “Base Contract,” a form widely used in the oil industry, under which ENI would supply natural gas to Hess and provide the ...
Port Liberte II Condominium Ass’n, Inc. v. New Liberty Residential Urban Renewal Co., LLC, 435 N.J. Super. 51 (App. Div. 2014). The caption in this case, a construction defect action regarding the Port Liberte II Condominium, a 225-unit development in ...
DeMarco v. Stoddard, 434 N.J. Super. 352 (App. Div. 2014). In P.V. v. Camp Jaycee, 197 N.J. 132 (2008), discussed here, the Supreme Court replaced the “governmental interest test” that had guided choice of law decisions with the “most significant relationship” test ...
New Jersey Dept’ of Labor & Workforce Development v. Crest Ultrasonics, 434 N.J. Super. 34 (App. Div. 2014). N.J.S.A. 34:8B-1 “bars employers seeking to fill job vacancies in this State from purposefully or knowingly publishing advertisements stating that job applicants ...
Procopio v. Gov’t Employees Ins. Co., 433 N.J. Super. 377 (App. Div. 2013). As Judge Parrillo stated in today’s opinion, rulings of trial level judges on discovery matters, and on whether to sever some claims from others, are both discretion calls. In ...
Lone Star Nat’l Bank, N.A. v. Heartland Payment Systems, Inc., 729 F.3d 421 (5th Cir. 2013). In September, the Fifth Circuit issued this short opinion that interprets and applies New Jersey’s economic loss doctrine. That doctrine, embodied in leading cases ...
In re Lazy Days’ RV Center, Inc., 724 F.3d 418 (3d Cir. 2013). In this bankruptcy appeal, Judge Hardiman, writing for the panel, reversed a district court decision that had vacated an order of the Bankruptcy Court on the grounds ...
Cole v. Jersey City Medical Center, 215 N.J. 165 (2013). In Cole v. Jersey City Medical Center, 425 N.J. Super. 48 (App. Div. 2012), discussed here, the Appellate Division ruled that defendant, who had litigated this employment discrimination case for 21 months and ...