DeGarmeaux v. DNV Concepts, Inc., 448 N.J. Super. 148 (App. Div. 2016).  As Judge Manahan stated in his opinion for the Appellate Division in this case, “[t]he issue of reasonbleness of counsel fees has been the subject of numerous decisions.”  ...

Moeck v. Pleasant Valley School District, 844 F.3d 387 (3d Cir. 2016).  Motions for sanctions under Federal Rule of Civil Procedure 11 are not favored because, as Judge Shwartz pointed out in her opinion in this case today, Rule 11 ...

State v. Morrison, 227 N.J. 295 (2016).  In today’s unanimous opinion by Justice Albin, the issue was whether a volunteer emergency medical technician (“EMT”) is a “public servant” who can be charged with official misconduct under N.J.S.A. 2C:30-2(a).  This was ...

This morning, the Supreme Court announced that it will review five more cases.  Three of those are criminal cases, one is an insurance coverage case, and one is a constitutional law matter that is likely to be one of the ...

Thieme v. Aucoin-Thieme, 227 N.J. 269 (2016).  Plaintiff and defendant cohabited for eight years, were married for a short time, and then divorced.  Before and during the marriage, plaintiff had been a salaried employee of a consulting business, for which ...

Carroll v. Delaware River Port Authority, 843 F.3d 129 (3d Cir. 2016).  28 U.S.C. §1292(b) permits a District Court to certify a question of law to a Court of Appeals for resolution.  The Court of Appeals must consent to decide ...

Warren v. Muenzen, 448 N.J. Super. 52 (App. Div. 2016).  A 2009 amendment to the Survivor Act, N.J.S.A. 2A:15-3, included language that “[e]very action brought under this chapter shall be commenced within two years of the death of the decedent, and ...

Slawinski v. Nicholas, 448 N.J. Super. 25 (App. Div. 2016).  There are a surprising number of published New Jersey cases in the family context regarding grandparent visitation of grandchildren.  Examples are here, here, and here.  This latest decision, by Judge ...

Krzykalski v. Tindall, 448 N.J. Super. 1 (App. Div. 2016).  This was an auto accident case.  At trial, the jury was allowed to consider in the comparative negligence mix not only defendant’s negligence but that of a John Doe defendant ...

J.S. v. D.S., 448 N.J. Super. 17 (App. Div. 2016).  Normally, when parties agree to dismiss an appeal, the courts are only to happy to oblige.  This opinion by Judge Fisher yesterday in a domestic violence final restraining order case ...