Spinelli v. Echeverry Industries, LLC, 2012 WL 370666 (App. Div. Feb. 7, 2012).  Rule 2:8-3 authorizes parties on appeal to move for summary disposition of that appeal at any time.  It is not often that such motions get granted, however, ...

Nordstrom v. Lyon, 424 N.J. Super. 80 (App. Div. 2012).  William “Hank” Lyon was a media star last year.  In his early 20’s, and a newcomer to the political scene, Lyon ran for Morris County Freeholder (or, as his campaign materials put it, “for ...

Ducey v. Ducey, 424 N.J. Super. 80 (App. Div. 2012).  After a fourteen-day trial, a Family Part judge entered a judgment of divorce and stated that “the underlying opinion will be sent shortly.”  Not until three months later did the judge forward her ...

CTC Demolition Co., Inc. v. GMH AETC Management, 424 N.J. Super. 1 (App. Div. 2012).  The “first-filed” rule of comity says that, as a general notion, the court that first acquires jurisdiction over a matter takes precedence over another court that acquires jurisdiction ...

Effective January 23, 2012, and continuing through April 13, 2012, Judge Allison Accurso, who had been the Presiding Judge, General Equity, Somerset County, has been temporarily assigned to Part C of the Appellate Division.  Judge Richard Hoffman, who had sat in the ...

Haybarger v. Lawrence County Adult Probation & Parole, 667 F.3d 408 (3d Cir. 2012).  Plaintiff Debra Haybarger worked for defendant, an agency of the Pennsylvania Court of Common Pleas.  Plaintiff has several serious illnesses that caused her to miss much work time.  ...

Emma v. Evans, 424 N.J. Super. 36 (App. Div. 2012).  The title of this post is, unsurprisingly, not my own creation.  It is the first line of this opinion by Judge Fisher, who borrowed it (with appropriate citation, of course) from Shakespeare.  ...

Walker v. Giuffre, 209 N.J. 124 (2012).  In Walker and Humphries v. Powder Mill Shopping Plaza, two different Appellate Division panels had each ruled that restrictive principles governing attorneys’ fee awards under federal fee-shifting statutes, as expressed in Perdue v. Kenny A., ___ U.S. ___, 130 ...

Bull v. United Parcel Service, Inc., 665 F.3d 68 (3d Cir. 2012).  “After declaring a mistrial, the District Court dismissed Laureen Bull’s state-law employment discrimination case as a sanction for failing to produce originals of certain medical notes requested by United Parcel ...

Polzo v. County of Essex, 209 N.J. 151 (2012).  Plaintiff’s wife was riding with other bicyclists on the shoulder of an Essex County road.  She rode over a 1-1/4″ depression (a dip in the road with no break in the road’s surface, unlike ...