Arafa v. Health Express Corp., 243 N.J. 147 (2020). Justice Fernandez-Vina’s opinion today actually involved two consolidated cases, both of which were putative class actions. The issue was whether a contract that the Federal Arbitration Act, 9 U.S.C. 1 et ...

Baskin v. Martinez, 243 N.J. 112 (2020). This Civil Rights Act case involved what Justice Albin, writing for the four-Justice majority, labeled a claim that “a justifiable police chase ended in an unjustifiable police shooting– the use of excessive force ...

Investors Bank v. Torres, 243 N.J. 25 (2020). As discussed here, the Appellate Division, in an opinion reported at 457 N.J. Super. 53 (App. Div. 2018), affirmed a summary judgment for plaintiff in this foreclosure action. The Supreme Court granted ...

Unlike the Supreme Court of the United States, which customarily (though apparently not this year) issues all its opinions for the term by June 30, the Supreme Court of New Jersey continues issuing opinions into the summer months, or even ...

Estate of Campagna v. Pleasant Point Properties, LLC, 464 N.J. Super. 153 (App. Div. 2020). This opinion is a magnum opus by Judge Sabatino. But he well summarized the ruling in the three short paragraphs that began the opinion: “This ...

LVNV Funding, LLC v. DeAngelo, 464 N.J. Super. 103 (App. Div. 2020). What does a court do when each party is, for different reasons, in the wrong? That is the question that Judge Fisher had to answer in his opinion ...

Due to a personal matter, there have been no posts on this blog since June 2. This post will summarize some of the decisions from our appellate courts since that date. Separately, Governor Murphy nominated Fabiana Pierre-Louis to fill the ...

Township of Manalapan v. Gentile, 242 N.J. 295 (2020). Justice Solomon wrote this opinion, issued today, for a unanimous Court. The question was whether, in this condemnation case, the Law Division erred in allowing the jury to hear testimony that ...

Bacon v. Avis Budget Group, Inc., 959 F.3d 590 (3d Cir. 2020). Plaintiffs rented vehicles from defendant Payless Car Rental, Inc., a subsidiary of defendant Avis Budget Group, Inc. (together, “Payless”), in the United States and in Costa Rica. In ...

Grewal v. Greda, 463 N.J. Super. 489 (App. Div. 2020). This far too belated post is about a very informative opinion by Judge Vernoia last week. The case was one brought by the New Jersey Division on Civil Rights (hence ...