Sullivan v. DB Investments, Inc., 667 F.3d 273 (3d Cir. 2011). By a 7-2 vote, the Third Circuit, sitting en banc, disagreed with a panel decision (613 F.3d 134 (3d Cir. 2010)), vacated by the grant of en banc review) that had voided approval ...
The Salt & Light Company, Inc. v. Willingboro Tp. Bd. of Adj., ___ N.J. Super. ___ (App. Div. 2011). Normally, in considering whether to grant a use variance, boards of adjustment are supposed to weigh the “special reasons” for the ...
State v. Regis, 208 N.J. 439 (2011). It did not take long for Justice Patterson to write her first opinion for the Supreme Court. As is usually the case with the first opinion of any new Justice, the case was not unusually ...
K.L. v. Evesham Tp. Bd. of Educ., 423 N.J. Super. 337 (App. Div. 2011). There are not many published appellate cases in New Jersey that discuss in any detail the attorney-client privilege or the work product doctrine. Though this opinion, written by ...
Newark Morning Ledger Co. v. New Jersey Sports & Exposition Authority, 423 N.J. Super. 140 (App. Div. 2011). The Newark Star-Ledger filed a request under the Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (“OPRA”), seeking to obtain from the New Jersey ...
Schulmann v. Director, New Jersey Div. of Taxation, 423 N.J. Super. 333 (App. Div. 2011). Daniel Schulmann used personal funds to pay certain commissions that two “S corporations” were contractually obligated to pay to instructors at Tiger Schulmann karate schools. The corporations did not ...
Rogers v. Cape May County Office of the Public Defender, 208 N.J. 414 (2011). Rogers sought to sue his public defender attorney for legal malpractice after Rogers’s application for post-conviction relief was granted and the indictment against him was thereafter dismissed with ...
State v. Yough, 208 N.J. 385 (2011). The main focus of this opinion by Justice Albin was whether the Law Division abused its discretion in declining to grant a mistrial when a key witness gave different testimony than expected. By a 5-0 ...
New Jersey DYFS v. I.S.. 423 N.J. Super. 124 (App. Div. 2011). The Appellate Division is often asked to reconsider its decisions. It does so only rarely, and even more rarely does a decision on reconsideration turn into a published opinion. This short ...
US Airways, Inc. v. McCutchen, 663 F.3d 671 (3d Cir. 2011). After defendant McCutchen suffered a serious auto accident, a benefit plan administered by plaintiff US Airways paid him nearly $67,000 for his medical expenses. When McCutchen recovered a larger sum than that ...