The Supreme Court announced today that it has granted review in three cases. The first arises under the new Bail Reform Act. The question presented there, as phrased by the Supreme Court Clerk’s Office, is “At a pretrial detention hearing ...
According to a March 24 Notice to the Bar that was published today, the Supreme Court Committee on Model Civil Jury Charges has approved a number of revised Model Civil Jury Charges on a number of subjects. Though all of ...
Noren v. Heartland Payment Systems, Inc., 448 N.J. Super. 486 (App. Div. 2017). In Abbamont v. Piscataway Tp. Bd. of Educ., 238 N.J. Super. 603 (App. Div. 1990), aff’d, 138 N.J. 405 (1994), the Appellate Division ruled that there was ...
The Supreme Court has announced that it has granted review in three new cases. The cases are an interesting assortment. In State v. Burkett, a criminal case, the question presented, as phrased by the Supreme Court Clerk’s Office, is “Was ...
Cuevas v. Wentworth Group, 226 N.J. 480 (2016). In He v. Miller, 207 N.J. 230 (2011), the Supreme Court addressed issues of remittitur at length and in detail. Among other things, the Court there “endorsed the use of comparable verdicts ...
Williams v. American Auto Logistics, 226 N.J. 117 (2016). Parties who fail to follow procedural rules are a source of frustration to busy trial judges. As Justice Fernandez-Vina noted in today’s opinion for a unanimous Supreme Court, courts have “a ...
Dietz v. Bouldin, 136 S. Ct. 1885 (2016). When a judge discharges a jury in a civil case, and only thereafter realizes that the jury verdict contains an error, is there anything that can be done? That was the question ...
Torres v. Pabon, 225 N.J. 167 (2016). As Justice Patterson explained in her decision today for a unanimous Supreme Court, “cumulative error” exists when “the aggregate effect of a series of errors” deprives a party of a fair trial. In ...
In James v. Ruiz, 440 N.J. Super. 45 (App. Div. 2015), discussed here, Judge Sabatino, who (in addition to his judicial duties) teaches evidence law at Rutgers-Camden Law School, addressed the admissibility of the opinions of non-testifying treating physicians contained ...
Gately v. Hamilton Memorial Home, Inc., 442 N.J. Super. 542 (App. Div. 2015). Apart from funeral directors, their attorneys, and a small number of judges, it’s likely that few people know that funeral directors are given qualified immunity from certain ...