Nostrame v. Santiago, 420 N.J. Super. 427 (App. Div. 2011). Many attorneys have seen a potentially lucrative case walk out the door because the client has decided to switch attorneys. The temptation is to sue someone, perhaps the successor counsel. That ...
State v. Kennedy, 419 N.J. Super. 475 (App. Div. 2011). Under N.J.S.A. 2C:44-1(f)(2), the State can appeal a criminal sentence only under limited circumstances. The defendant in this case, an employee of the Morristown Public Works Department, was indicted on heroin charges, as ...
State v. Witczak, 2011 WL 1364012 (App. Div. April 12, 2011). This blog usually is allergic to criminal decisions. But this criminal case involved a virtually even split in the federal Circuit Courts of Appeal on whether the “community caretaker exception” to the requirement of ...
Seidman v. Clifton Savings Bank, S.L.A., 205 N.J. 150 (2011). Under the business judgment rule, there is a rebuttable presumption that good faith decisions of a corporate board of directors are valid and not subject to attack by shareholders, absent fraud, self-dealing or unconscionable ...
On this date in 2007, a unanimous Supreme Court of New Jersey decided L.W. v. Toms River Regional Schools Bd. of Educ., 189 N.J. 381 (2007). The opinion, written by Chief Justice Zazzali, established that there is a cause of ...
Society of Holy Child Jesus v. City of Summit, 418 N.J. Super. 365 (App. Div. 2011). State tax statutes and the Municipal Land Use Law (“MLUL”) are not often bedfellows in the same case. This case is one of those times. The Appellate Division, in ...
The Supreme Court of New Jersey has granted certification to review that portion of the decision in Walker v. Giuffre, 415 N.J. Super. 597 (App. Div. 2010), that involved an enhancement of the fees of the plaintiff’s counsel under the ...
Alexander v. Seton Hall University, 204 N.J. 219 (2010). In this LAD wage discrimination decision, the Supreme Court addressed whether the continuing tort doctrine would allow the plaintiffs to assert claims that dated back 20, 25 and 29 years, respectively. The lower ...
Dean v. Barrett Homes, Inc., 204 N.J. 286 (2010). In a 5-2 decision, the Supreme Court concluded that an exterior finish on a home was not integrated into the home so as to bar all tort claims under the Product ...