Winberry Realty Partnership v. Borough of Rutherford, 2016 N.J. Super. Unpub. LEXIS 1019 (App. Div. May 4, 2016).  [Disclosure:  I represented the successful plaintiffs-appellants on this appeal].  Qualified immunity is a significant defense that is available to defendants in cases ...

Cranford Development Associates v. Cranford Tp., 445 N.J. Super. 220 (App. Div. 2016).  This Mount Laurel litigation resulted in a builder’s remedy for construction of a 360-unit residential development in Cranford.  The Township and other defendant municipal agencies appealed, but ...

Sackman v. New Jersey Manufacturers Ins. Co., 445 N.J. Super. 278 (App. Div. 2016).  [Disclosure:  I represent New Jersey Manufacturers in certain litigation, but not in this case].  This opinion, issued today, involved an underinsured motorist claim against an insurance ...

In re NFL Players Concussion Injury Litig., 821 F.3d 410 (3d Cir. 2016).  Too often, objectors to settlements of class action litigation “risk making the perfect the enemy of the good,” to quote Judge Ambro’s opinion for the Third Circuit ...

Paff v. Galloway Tp., 444 N.J. Super. 495 (App. Div. 2016).  John Paff is a frequent litigant under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. (“OPRA”).  In this case, he sought logs of all emails sent by the ...

Gomes v. County of Monmouth, 444 N.J. Super. 479 (App. Div. 2016).  The Tort Claims Act, N.J.S.A. 59:1-1 et seq. (“TCA”), requires that a plaintiff who intends to sue a “public entity” or “public employee” in tort must first serve ...

Scannavino v. Walsh, 445 N.J. Super. 162 (App. Div. 2016).  Near the start of this opinion, issued today, Judge Leone concisely summarized the whole case and its outcome.  “Plaintiff alleges defendants improperly allowed the roots of trees on their property ...

Bisbing v. Bisbing, 445 N.J. Super. 207 (App. Div. 2016).  N.J.S.A. 9:2-2 provides that children of divorced parents cannot be removed from the jurisdiction of the Superior Court “without the consent of both parents, unless the court, upon cause shown, ...

Sterling Laurel Realty, LLC v. Laurel Gardens Co-Op, Inc., 444 N.J. Super. 470 (App. Div. 2016).  A majority of the board of the defendant residential co-op development became frustrated that it was repeatedly unable to conduct shareholder meetings due to ...

In re Application for a Retail Firearms Dealer’s License Renewal by Cayuse Corp. LLC, ___ N.J. Super. ___ (App. Div. 2016).  This decision, issued by Judge Ostrer for the Appellate Division today, addresses the denial of a renewal of a ...