Judges

“Extraordinary Circumstances” Called for Permission to File Late Notice of Tort Claim

O’Donnell v. New Jersey Turnpike Authority, 236 N.J. 335 (2019).  Under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. (“TCA”), a person who wishes to file a tort lawsuit against a public entity must file a notice of ...

“Confusing,” “Contradictory,” and “Obscure” Provision of Consumer Contract Claimed to Mandate Arbitration is Held Not to Do So

Kernahan v. Home Warranty Administrator of Florida, Inc., 236 N.J. 301 (2019).  When the Supreme Court grants review based on a particular issue raised by the petitioner, but the petitioner subsequently abandons that issue, the Court has at least three ...

The Supreme Court Answers Certified Questions About the Ticket Resale Law

Finkleman v. National Football League, 236 N.J. 280 (2019).  This opinion by Justice Patterson today answers certified questions posed by the Third Circuit Court of Appeals arising out of a putative consumer class action.   The questions involve N.J.S.A. 56:8-35.1 of ...

Reconsideration Motion Was Not Timely “Served,” and Court Thus Had No Subject Matter Jurisdiction Over It

Murray v. Comcast Corp., 457 N.J. Super. 464 (App. Div. 2019).  In this employment case, the issue was whether the Law Division had subject matter jurisdiction to entertain a motion for reconsideration.  On June 9, 2017, the Law Division granted ...

When Can a Municipality or Local Redevelopment Agency Condemn Property as “Necessary for [a] Redevelopment Project”?

Borough of Glassboro v. Grossman, 457 N.J. Super. 416 (App. Div. 2019).  The Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -49 (“LRHL”) allows municipalities or redevelopment agencies to acquire by condemnation lands or buildings “necessary for the redevelopment project.”  ...

Judicial Estoppel Applies in Spill Act Cases

Terranova v. General Electric Pension Trust, 457 N.J. Super. 404 (App. Div. 2019).  Judge Moynihan’s opinion in this New Jersey Spill Compensation and Control Act case today addresses whether the doctrine of judicial estoppel is available in cases under that ...

Pendent Appellate Jurisdiction

Reinig v. RBS Citizens, N.A., 912 F.3d 115 (3d Cir. 2018).  This was the final published opinion of 2018 for the Third Circuit.  Authored by Judge Vanaskie, the opinion reverses an order that granted class certification under Federal Rule of ...

Judge Koblitz Instructs About How to Conduct Non-Dissolution, “FD,” Child Custody Proceedings

J.G. v. J.H., 457 N.J. Super. 365 (App. Div. 2019).  Though many cases involving child custody arise out of divorce proceedings, other such cases occur in other settings.  In the Appellate Division’s first published opinion of 2019, issued today by ...

Receiver of a Defrauded Entity May Initiate Arbitration Even if Entity’s Shareholders Will Ultimately Benefit From Any Recovery

Interactive Brokers, LLC v. Barry, 457 N.J. Super. 357 (App. Div. 2018).  This final post of 2018 features an opinion issued today by Judge Currier.  The case arose out of a Ponzi scheme perpetrated by a hedge fund founded by ...

Trial Judges Have Discretion to Replay Counsel’s Summations Upon a Jury’s Request

State v. Brown, 457 N.J. Super. 345 (App. Div. 2018).  Deliberating jurors often request that trial testimony be read back to them.  As Judge Sabatino noted n his opinion in this case today, the Supreme Court has held that “absent ...