Konop v. Rosen, 425 N.J. Super. 391 (App. Div. 2012). Trial lawyers and appellate lawyers take heed! The Appellate Division, speaking through an encyclopedic opinion by Judge Messano, has issued one of the relatively rare appellate opinions about the application of the ...
Scheidt v. DRS Technologies, Inc.., 424 N.J. Super. 188 (App. Div. 2012). Plaintiff, a shareholder in defendant DRS Technologies, Inc. (“DRS”), sued the company, its Board of Directors and its General Counsel for self-dealing and breach of fiduciary duty in connection with ...
Telebright Corp., Inc. v. Director, New Jersey Div. of Taxation, 424 N.J. Super. 384 (App. Div. 2012). Plaintiff, a Delaware company with offices in Maryland, has an employee who telecommutes from New Jersey. Plaintiff sells a web application to customers, and the ...
Davis v. Devereux Foundation, 209 N.J. 269 (2012). Under the Restatement of Agency (Second), §219(2)(c), when one has a duty to protect others and delegates that duty to an agent, such as an employee, the employer can be liable for the employee’s failure to ...
In re Application of Xiangjing Zhan, 424 N.J. Super. 231 (App. Div. 2012). A permanent resident alien sought to invoke New Jersey’s name change statute, N.J.S.A. 2A:52-1 to -4, to change his minor daughter’s first name to “Michelle.” A Law Division judge ...
Haybarger v. Lawrence County Adult Probation & Parole, 667 F.3d 408 (3d Cir. 2012). Plaintiff Debra Haybarger worked for defendant, an agency of the Pennsylvania Court of Common Pleas. Plaintiff has several serious illnesses that caused her to miss much work time. ...
Emma v. Evans, 424 N.J. Super. 36 (App. Div. 2012). The title of this post is, unsurprisingly, not my own creation. It is the first line of this opinion by Judge Fisher, who borrowed it (with appropriate citation, of course) from Shakespeare. ...
State v. Morgan, 423 N.J. Super. 453 (App. Div. 2011). Rule 1:8-8(a) states that a trial court, “in its discretion, may submit a copy of all or part of its instructions to the jury for its consideration in the jury room.” In ...
State v. Regis, 208 N.J. 439 (2011). It did not take long for Justice Patterson to write her first opinion for the Supreme Court. As is usually the case with the first opinion of any new Justice, the case was not unusually ...
US Airways, Inc. v. McCutchen, 663 F.3d 671 (3d Cir. 2011). After defendant McCutchen suffered a serious auto accident, a benefit plan administered by plaintiff US Airways paid him nearly $67,000 for his medical expenses. When McCutchen recovered a larger sum than that ...