Judges

Apparent Authority Must be Manifested by a Communication of the Principal, Not of the Agent

Gayles v. Sky Zone Trampoline Park, ___ N.J. Super. ___ (App. Div. 2021). Here is how Judge Messano began his opinion for the Appellate Division today: “Joan Tongol invited several friends of her minor son to celebrate his birthday at ...

Dismissals for Failure to Prosecute Cannot be With Prejudice

Estate of Semprevivo v. Lahham, ___ N.J. Super. ___ (App. Div. 2021). Judge Rose issued this opinion for the Appellate Division today. It “implicates the proper application and limitations of Rule 1:13-7, long recognized as an administrative ‘docket-clearing rule that ...

Pleading Standards in Putative Class Actions in New Jersey State Courts

Baskin v. P.C. Richard & Son, LLC, ___ N.J. ___ (2021). [Disclosure: I am one of the counsel for the successful plaintiffs in this matter]. In this case, the Appellate Division affirmed the dismissal, for failure to state a claim, ...

Pre-Marital Agreements, Mid-Marital Agreements, Property Settlement Agreements, and (Today’s Case) Agreements in the Nature of a Mid-Marital Agreement

Steele v. McDonnell Steele, ___ N.J. Super. ___ (App. Div. 2021). Judge Enright’s decision for the Appellate Division in this case today involved an appeal of the Family Part’s enforcement of a martial agreement (“MA”) between the plaintiff husband and ...

A Monumental Opinion by Judge Accurso in a “Title Raider” Case

Phoenix Pinelands Corp. v. Davidoff, ___ N.J. Super. ___ (App. Div. 2021). Today’s opinion by Judge Accurso in this case clocked in at 175 pages. It is the longest opinion of the current Term and may be the longest opinion ...

A Huge “Asbestos in Talc” Jury Verdict is Reversed on Appeal

Lanzo v. Cypress Amax Minerals Co., ___ N.J. Super. ___ (App. Div. 2021). This appeal arose out of plaintiffs’ claim that plaintiff Steven Lanzo III had contracted mesothelioma from his long-term use of Johnson Baby Powder and Johnson & Johnson’s ...

A Summary Reversal in an Election Case

Board of Education of East Newark v. Harris, ___ N.J. Super. ___ (App. Div. 2021). Rule 2:8-3(b) allows the Appellate Division to decide appeals summarily without notice to the parties. Though that relief is often sought, it is not often ...

Provision of Car Dealer’s Insurance Policy That Did Not Cover Loaner Car Driver Because She Had Her Own Minimum Required Insurance Was an Illegal Escape Clause

Huggins v. Aquilar, ___ N.J. ___ (2021). Rarely does a dissenting opinion in one case form the basis for a majority opinion (in fact, a unanimous opinion) in a subsequent decision by the same court. But that is essentially what ...

Employers are Obligated to Reimburse Employees for Medical Marijuana Treatment Reasonably Necessary to Treat Work-Related Injuries

Hager v. M&K Construction, ___ N.J. ___ (2021). As discussed here, the Appellate Division in this case affirmed the decision of a Workers Compensation judge that the defendant employer was obligated to reimburse the plaintiff employee for the employee’s use ...

Properly Dismissed From an MDL? Yes. Properly Dismissed With Prejudice? No.

Hamer v. Livanova Deustschland GMBH, ____ F.3d ___ (3d Cir. 2021). This appeal involved one of many cases comprising MDL 2816, which is venued in the United States District Court for the Middle District of Pennsylvania. The MDL consolidated cases ...