On this date in 1996, the Supreme Court decided Tormee Construction, Inc. v. Mercer Cty. Improvement Auth. That day saw the Court’s decision issued, nine days after the case was argued orally before the Court. But the Court’s full written ...
Unlike so many judicial opinions, which leave the reader in suspense about the outcome until the end, the answer to this question, right up front, is “yes.” An Appellate Division opinion issued on this date in 1992 so stated. The ...
The Appellate Division Elaborates on the Crowe v. DeGioia Standard for Preliminary Injunctive Relief
Yesterday, in an Order authored by Judge Natali, for himself and Judge Messano, the Appellate Division overturned a preliminary injunction against operation of the New Jersey Medical Aid in Dying for the Terminally Ill Act. The Appellate Division’s Order, which ...
The Appellate Division does not issue many opinions in August, as the judges clean up remaining inventory. But there have been some significant published opinions in the last two weeks. Here are summaries of some of those rulings: Harvard v. ...
J.H. v. R&M Tagliereni, LLC, 239 N.J. 198 (2019). [There was the potential of a guest post regarding this case, but that did not pan out. That’s the reason for the delay in this post.] This was a tragic case, ...
Due to a Supreme Court brief, a major Appellate Division brief, some personal matters, and issues as to the hosting of this blog, there were no postings here for the last part of July. So this post is in the ...
On July 3, 1997, the Supreme Court decided Lemelledo v. Beneficial Management Corp. of America, 150 N.J. 255 (1997). Justice Handler’s opinion in that case, for a 6-0 Court, is a key Consumer Fraud Act (“CFA”) case. It is also ...
Goldfarb v. Solimine, 460 N.J. Super. 22 (App. Div. 2019). Everyone has their favorite judge(s) before whom they would prefer to try a case. In this case, “a defense attorney, in an ex parte communication, sought [a particular] judge’s assignment ...
Forty years ago today, the Supreme Court decided State v. Celmer, 80 N.J. 405 (1979), a case that arose out of he conviction of defendant on charges of DWI, speeding, and disregarding a traffic signal. The offenses took place in ...
Sun Life Assurance Co. of Canada v. Wells Fargo Bank, N.A., 238 N.J. 157 (2019). This appeal came to the Supreme Court via questions certified by the Third Circuit Court of Appeals in the area of insurance. Some such certified ...