Lanzo v. Cypress Amax Minerals Co., ___ N.J. Super. ___ (App. Div. 2021). This appeal arose out of plaintiffs’ claim that plaintiff Steven Lanzo III had contracted mesothelioma from his long-term use of Johnson Baby Powder and Johnson & Johnson’s ...
On this date in 1982, the Supreme Court decided Kotlikoff v. Community News, 89 N.J. 62 (1982). Justice Clifford’s opinion for a unanimous Court stated that the case “addresses an aspect of the constitutional protection accorded expression of opinion about ...
The principle that a court should not write into a statute a qualification that the Legislature chose not to include is now a basic tenet of statutory interpretation. But it was seemingly a somewhat new idea on this date in ...
Hrymoc v. Ethicon, Inc., ___ N.J. Super. ___ (App. Div. 2021). This lengthy opinion by Judge Sabatino reversed trial verdicts for plaintiffs in two product liability cases involving pelvic mesh medical devices. The two verdicts together totaled $83 million in ...
Most of us think that age discrimination in employment claims are limited to plaintiffs who allege discrimination based on their advanced age. But on this date in 1999, the Supreme Court ruled, in Bergen Commercial Bank v. Sisler, 157 N.J. ...
On this date in 1983, a unanimous Supreme Court decided Callen v. Sherman’s, Inc., 92 N.J. 114 (1983). The case involved whether distraint, a procedure that allowed commercial landlords to seize, or even sell, without notice or hearing, property of ...
On this date in 1957, the Supreme Court decided Tessmar v. Grossner, 23 N.J. 193 (1957). The case involved a dispute over patient records from a dermatology practice in Westwood, NJ. Plaintiff’s decedent, Dr. Kadisch, became ill and was unable ...
State v. Gerena, 465 N.J. Super. 548 (App. Div. 2021). Defendant was convicted of fourth degree lewdness. A statutory grading element of that offense is that one or more of the children whom witnesses testified were near defendant were under ...
State v. Smith, ___ N.J. Super. ___ (App. Div. 2020). Perhaps fittingly, the final published Appellate Division of 2020, written by Judge Fasciale and issued today, centered on the COVID-19 pandemic. This case involved a trial of murder and other ...
As 2005 neared its close, the Supreme Court decided Tonelli v. Wyckoff Tp. Bd. of Educ., 185 N.J. 438 (2005), on December 28 of that year. The case arose when plaintiff Virginia Tonelli, after watching her granddaughter play soccer on ...