Walters v. YMCA, 437 N.J. Super. 111 (App. Div. 2014). This decision by Judge Fuentes, issued today, reverses a grant of summary judgment in favor of the YMCA in what Judge Fuentes called a “garden variety slip and fall case.” ...
State v. Carreon, 437 N.J. Super. 81 (App. Div. 2014). Courts often say that statutes are “inartfully drafted,” or the like. This opinion that Judge Accurso issued today, however, goes further. In addressing the penalty provisions of N.J.S.A. 39:3-10, which deals ...
On August 8, 1989, the Supreme Court decided Decker v. Princeton Packet, 116 N.J. 418 (1989), one of the leading cases in New Jersey on defamation and infliction of emotional distress. The Princeton Packet had published an obituary stating that ...
State v. Buckner, 437 N.J. Super. 8 (App. Div. 2014). The issue of whether mandatory retirement of judges at age 70 is constitutional was discussed here. (As an aside, the Supreme Court of Pennsylvania, which thereafter addressed that very issue in that ...
Under Rule 2:8-1(b), motions in the Appellate Division are not normally argued orally. On March 5, however, an Appellate Division panel (Judges Fuentes, Simonelli, and Haas) heard oral argument, at the panel’s request, on a motion by the Fair Share ...
On March 7, 2007, the Supreme Court decided Tarus v. Borough of Pine Hill, 189 N.J. 497 (2007). In a unanimous opinion by Justice Zazzali, the Court issued a ringing pronouncement that citizens have a common law right, subject to reasonable ...
L.R. v. Division of Disability Services, 434 N.J. Super. 430 (App. Div. 2014). The core mission of the Division of Disability Services is “serving people who have become disabled as adults, whether through illness or injury.” The Division administers the ...
Port Liberte II Condominium Ass’n, Inc. v. New Liberty Residential Urban Renewal Co., LLC, 435 N.J. Super. 51 (App. Div. 2014). The caption in this case, a construction defect action regarding the Port Liberte II Condominium, a 225-unit development in ...
R.K. v. D.L., Jr., 434 N.J. Super. 113 (App. Div. 2014). At least since Printing Mart v. Sharp Electronics, 116 N.J. 739 (1989), it has been clear that motions to dismiss for failure to state a claim, Rule 4:6-2(e), are ...
Caporusso v. New Jersey Dep’t of Health & Senior Services, 434 N.J. Super. 88 (App. Div. 2014). The prerogative writ of mandamus is the centerpiece of this opinion by Judge Lihotz. Plaintiffs, on behalf of a putative class, sued the ...