Last night, I attended the retirement dinner for Judge Stern, who turned 70 last week. Among the over 300 attendees were current and former Supreme Court Justices, sitting and retired judges of other courts, Governor Brendan Byrne, and many lawyers ...
Fox v. Vice, 131 S.Ct. 2205 (2011). The Civil Rights Act, 42 U.S.C. §1983, includes a fee-shifting provision, 42 U.S.C. §1988. Most often, it is a prevailing plaintiff who seeks fees under that provision. But section 1988 allows a prevailing defendant ...
State v. Mierzwa, 420 N.J. Super. 207 (App. Div. 2011). This case involved a municipal court matter that was first tried on July 27, 2006, nearly five years ago. On appeal from a conviction at that time, both the Law Division and the Appellate ...
New Jersey Dep’t of Environmental Protection v. Exxon Mobil Corp., 420 N.J. Super. 395 (App. Div. 2011). N.J.S.A. 58:10B-17.1(b) (“the extension statute”) extends the normal statute of limitations for environmental actions “commenced by the State pursuant to the State’s environmental laws.” ...
O Builders & Associates, Inc. v. Yuna Corp., 206 N.J. 109 (2011). In 2004, the Supreme Court adopted Rule of Professional Conduct 1.18. As it relates to the case decided today, that Rule deals with a lawyer’s ability to represent ...
Abbott v. Burke, 206 N.J. 332 (2011). The merits of this latest decision on the funding necessary to satisfy the mandate of article VIII, section 4, paragraph 1 of the New Jersey Constitution that the State provide a “thorough and efficient system ...
State of New Jersey v. Merrill Lynch & Co., Inc., 640 F.3d 545 (3d Cir. 2011). Does a forum selection clause providing that “exclusive jurisdiction … shall lie in the appropriate courts of the State [of] New Jersey” include the United States ...
Retired Assistant Prosecutor/DAG is Not a “Retired Law Enforcement Officer” Entitled to a Gun Permit
In re Denial of Application of Giles W. Casaleggio for a Retired Law Enforcement Officer Handgun Permit, 420 N.J. Super. 121 (App. Div. 2011). Giles Casaleggio retired from a career in which he served as an Assistant County Prosecutor and as a Deputy ...
Frumer v. Nat’l Home Ins. Co., 420 N.J. Super. 7 (App. Div. 2011). This short opinion by Judge Simonelli, which involved claims under a new home warranty, reverses a lower court’s refusal to compel arbitration despite the seemingly plain language of an arbitration ...
Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011). In Caspi v. Microsoft Network, LLC, 323 N.J. Super. 118 (App. Div. 1999), the Appellate Division upheld a forum selection clause that was contained in an electronic contract between an internet ...