Yesterday’s New York Times Magazine contained an article titled “Better Judgment.” The article discussed instances in which famous appellate jurists, including Justice Oliver Wendell Holmes, Judge Richard Posner of the Seventh Circuit Court of Appeals, and the author’s own grandfather, ...
On this date in 2008, the Supreme Court issued its opinion in Sinclair v. Merck & Co., Inc., 195 N.J. 51 (2008). In that case, a majority of the Court, speaking through Justice Wallace, held that “the definition of harm ...
On May 22, 2002, the Supreme Court decided Shelcusky v. Garjulio, 172 N.J. 185 (2002). That was a personal injury case in which a forklift driver at a plant where aerosol products were made suffered severe burns when defective or ...
On May 18, 1896, the Supreme Court of the United States decided Plessy v. Ferguson, 163 U.S. 537 (1896). This is another of the Court’s “Supreme Mistakes,” as voted by legal scholars. The decision was 7-1, with Justice Brown writing ...
Daniels v. Hollister Co., 440 N.J. Super. 359 (App. Div. 2015). Readers of this blog have gotten their fill (including, most recently, here and here) of discussion and analysis of the notion that there is some sort of “class ascertainability” ...
In re Failure of the Council on Affordable Housing to Adopt Trust Fund Commitment Regulations, 440 N.J. Super. 220 (App. Div. 2015). The Fair Housing Act, N.J.S.A. 52:27D-329.2(a), states that the Council on Affordable Housing (“COAH”) “may authorize a municipality ...
Thirty five years ago today, the Supreme Court decided State v. Czachor, 82 N.J. 392 (1980). In an opinion by Justice Handler, the Court revolutionized the criminal law by abandoning the so-called “Allen charge,” named for Allen v. United States, ...
James v. Ruiz, 440 N.J. Super. 45 (App. Div. 2015). This opinion by Judge Sabatino is like the law school evidence class that some of us wish we had taken. In the context of an automobile accident verbal threshold trial, ...
62-64 Main Street, LLC v. Hackensack Mayor & Council, 221 N.J. 129 (2015). The Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -73, defines when an area is blighted and in need of redevelopment. The Redevelopment Law implements Article VIII, ...
On this date in 1973, the Supreme Court decided Lopez v. Swyer, 62 N.J. 267 (1973). That opinion, written by Justice Mountain for a unanimous Court, applied and extended the “discovery rule,” under which “in an appropriate case a cause ...