Sean Wood, LLC v. Hegarty Group, Inc., 2011 WL 1529730 (App. Div. April 25, 2011). These two commercial parties each accused the other of breach of contract in connection with plaintiff’s rigging out, loading and delivering industrial machinery and tanks to two of ...
Yousef v. General Dynamics Corp., 205 N.J. 543 (2011). In deciding where a case can be brought, New Jersey courts normally honor the plaintiff’s choice of forum, especially where the plaintiff is a New Jersey citizen. A defendant who seeks dismissal on the ...
In re Caterbone, 640 F.3d 108 (3d Cir. 2011). Stanley Caterbone filed a Chapter 11 bankruptcy petition. The Trustee successfully moved to have the petition dismissed on various grounds. The dismissal was entered on October 3, 2006 and the dismissal order was ...
Nutley Policemen’s Benevolent Ass’n v. Township of Nutley, 419 N.J. Super. 160 (App. Div. 2011). The federal Fair Labor Standards Act (“FLSA”) , 29 U.S.C. §§201-219, requires a public employer who gives an employee compensatory time off instead of overtime pay to allow ...
Policemen’s Benevolent Ass’n v. City of Trenton, 205 N.J. 422 (2011). The City of Trenton ordered certain employees to report for “muster” ten minutes before their shifts were to start, so that roll calls could be completed and the personnel promptly deployed ...
RAB Performance Recoveries, LLC v. George, 419 N.J. Super. 81 (App. Div. 2011), and Cowger v. Cherry Hill Mitsubishi, Inc., 2011 WL 848133 (App. Div. March 14, 2011). The Appellate Division recently made two pro-consumer decisions. In RAB, a published opinion written by Judge Reisner, ...
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 ...
Keiffer v. Best Buy, 205 N.J. 213 (2011). This opinion deals with the interpretation of an indemnification agreement. It seems an unusual case for the Court to have taken, since most of Justice Albin’s opinion, for a unanimous Court, relates to the unique facts and procedural history ...
State v. Miller, 205 N.J. 79 (2011). Today, live court reporters are rare in state courts. Most courtrooms rely on video or audio recording of trials instead. The issue in this multi-count robbery case, in which the only record was a video ...
Jennings v. Borough of Highlands, 418 N.J. Super. 405 (App. Div. 2011). “The right to protest zoning amendments has existed in this State for more than eighty years.” A successful protest under the Municipal Land Use Law (“MLUL”), N.J.S.A. 40:55D-63, has the ...