Borough of Harvey Cedars v. Karan, 214 N.J. 384 (2013). Using the power of eminent domain, the Borough of Harvey Cedars took a portion of defendants’ beachfront property (actually, the Borough took an easement) and constructed a 22-foot high dune. That dune ...
Heyert v. Taddese, 431 N.J. Super. 388 (App. Div. 2013). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represented the Hoboken Rent Leveling & Stabilization Board in this appeal and in the other appeals discussed in this post]. This has been a busy ...
Two years ago today, I noted the eloquent words of Justice Pashman in the final paragraph of his opinion for the Court in New Jersey Ass’n for Retarded Citizens v. New Jersey Dep’t of Human Services, 89 N.J. 234 (1982), ...
On this date fifty three years ago, the Supreme Court decided Henningsen v. Bloomfield Motors, Inc., 32 N.J. 358 (1960). In a unanimous opinion of over 50 pages, the longest opinion in volume 32 of New Jersey Reports, the Court, speaking ...
On this date in 1999, the Supreme Court decided DeHanes v. Rothman, 158 N.J. 90 (1999). There, in a unanimous opinion by Justice O’Hern, the Court held that it was proper for an attorney to suggest to a jury an ...
On this date in 2007, the Supreme Court of New Jersey decided L.W. v. Toms River Regional Bd. of Educ., 189 N.J. 381 (2007). That case held that the broad language of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to ...
Estate of Murray v. Spiegle, 429 N.J. Super. 378 (App. Div. 2013). Judge Fisher, who sat in the Chancery Division before being elevated to the Appellate Division, wrote this opinion for a unanimous panel. The opinion is, in essence, a search for a ...
Today is the fortieth anniversary of Roe v. Wade, 410 U.S. 113 (1973). That decision, written by Justice Blackmun, an appointee of President Nixon, and joined in by Justices as liberal as Douglas, Brennan and Marshall and as conservative as ...
This first post of 2013 discusses a fundamental principle of appellate review: “our appellate courts will decline to consider questions or issues not properly presented to the trial court when an opportunity for such a presentation is available ‘unless the ...
On this date in 1944, the Supreme Court of the United States issued another of what scholars have rated the five worst decisions that the Court has ever made. That decision was Korematsu v. United States, 323 U.S. 214 (1944). ...