Ciripompa v. Bd. of Educ. of Borough of Bound Brook, ___ N.J. Super. ___ (App. Div. 2021). Judge Gummer well summarized her opinion for the Appellate Division today in its first paragraph: ” Plaintiff appeals the Commissioner of Education’s final ...
Late last week, the Supreme Court and the Appellate Division each issued two published opinions. Neither court has issued any published opinions this week (nor is either court slated to do so tomorrow, a relatively long hiatus for both courts ...
New York Mortgage Trust v. Deely, ___ N.J. Super. ___ (App. Div. 2021). Every few years, the Appellate Division publishes an opinion about equitable subrogation. Equitable subrogation, “rooted in principles of equity, is used to compel the ultimate discharge of ...
In re Request to Release Certain Pretrial Detainees, 245 N.J. 218 (2021). This matter arose out of a motion filed by the Office of the Public Defender and the American Civil Liberties Union of New Jersey. As a result of ...
Goulding v. NJ Friendship House, Inc., ___ N.J. ___ (2021). This opinion by Justice Fernandez-Vina today, for a unanimous Supreme Court, dealt with a claim under the Workers Compensation Act. Plaintiff was employed as a cook by defendant, a non-profit ...
The Bank of New York Mellon v. Corradetti, ___ N.J. ___ (2021). As discussed here, this case came before the Supreme Court on an appeal as of right, based on a dissent in the Appellate Division. The issue was whether ...
The past few days have been especially busy ones in my practice. The Appellate Division has likewise been quite busy issuing published opinions as January turned to February. Here are summaries of those opinions. City of Newark v. Township of ...
Rozenblit v. Lyles, ___ N.J. ___ (2021). This case involved the question of whether a bargained-for “release time” provision in a collective bargaining agreement between the Jersey City School District and the Jersey City Education Association, which allowed two “releasees” ...
Tarta Luna Properties, LLC v. Harvest Restaurants Group, LLC, ___ N.J. Super. ___ (App. Div. 2021). In summary, the parties entered into a long-term lease of a restaurant space, to which defendants (the tenant) intended to make substantial renovations. The ...
Haviland v. Lourdes Medical Center of Burlington County, Inc., 466 N.J. Super. 126 (App. Div. 2021). In her opinion for the Appellate Division in this case today, Judge Rose summed up the “discrete yet novel issue” presented by this appeal: ...