Glassman v. Friedel, 465 N.J. Super. 436 (App. Div. 2020). Ciluffo v. Middlesex Gen’l Hosp., 146 N.J. Super. 476 (App. Div. 1977), was a case involving how to handle a plaintiff’s claims against “successive independent tortfeasors” when the plaintiff settles ...
Knight v. Vivint Solar Developer, LLC, ___ N.J. Super. ___ (App. Div. 2020). In Goffe v. Foulke Mangagement Corp., 238 N.J. 191 (2019), the Supreme Court ruled that threshold issues as to the validity of a contract that contained an ...
Pannucci v. Edgewood Park Senior Housing- Phase 1, LLC, ___ N.J. Super. ___ (App. Div. 2020). As Judge Ostrer explained in his opinion for the Appellate Division today, the “settled doctrine of res ipsa loquitur,” which means “the thing speaks ...
Donald J. Trump for President, Inc. v. Secretary, Commonwealth of Pennsylvania, ___ Fed. Appx. ___ (3d Cir. 2020). This blog does not often cover non-precedential decisions of appellate courts. But today’s opinion by Judge Bibas (a Trump appointee), in which ...
In re Medical Marijuana Alt. Treatment Ctrs. for Pangea Health & Wellness, LLC, 465 N.J. Super. 343 (App. Div. 2020). On this relatively quiet day before Thanksgiving, the Appellate Division issued an opinion, by Judge Fisher, that overturns the Department ...
Crisitello v. St. Theresa School, 465 N.J. Super. 223 (App. Div. 2020). This decision under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. (“LAD”), was the second time that this case came before the Appellate Division. The issue ...
Sullivan v. Max Spann Real Estate & Auction Co., 465 N.J. Super. 243 (App. Div. 2020). As Judge Firko stated in the first sentence of her opinion in this case, this was an appeal “from a July 22, 2019, order ...
United States v. Brito, 979 F.3d 185 (3d Cir. 2020). As discussed here, waiver of an argument occurs when a party intentionally relinquishes or abandons a contention, while forfeiture is the failure to assert an argument in timely fashion, without ...
Governor Murphy’s nomination of Justice Fernandez-Vina for tenure on the Supreme Court until age 70 got a unanimous endorsement from the Senate Judiciary Committee last Thursday. Senators had only positive things to say about him. The full Senate is expected ...
Zahl v. Eastland, 465 N.J. Super. 79 (App. Div. 2020). [Disclosure: I have represented the defendants in this matter.] Judge Messano’s opinion for the Appellate Division in this case today is the second time that this case came before the ...