Bermudez v. Kessler Institute for Rehabilitation, 439 N.J. Super. 35 (App. Div. 2015). The different ways in which legislative language, even relatively precise definitions, can be seen to be ambiguous or unclear seem endless. In today’s decision, the issue was whether the Kessler ...
Mickens v. Misdom, 438 N.J. Super. 531 (App. Div. 2015). Today’s opinion, by Judge Fisher, affirms the ruling of a Union County trial judge (apparently, Judge Hely, based on a lengthy quotation from the Law Division judge that describes that ...
Hill International, Inc. v. Atlantic City Bd. of Educ., 438 N.J. Super. 562 (App. Div. 2014). The Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29, requires that a plaintiff in a professional malpractice or professional negligence case submit at an ...
Forty years ago today, when cable television was in relative infancy, the Appellate Division decided In re Promulgation of Rules of Practice and Regulations for the Office of Cable Television, 132 N.J. Super. 45 (App. Div. 1974). The Legislature had ...
New Jersey Division of Child Protection & Permanency v. B.O., 438 N.J. Super. 373 (App. Div. 2014). Very few appeals are based on the argument that the finder of fact erred in assessing the credibility of witnesses. That is because ...
State v. Jaffe, 220 N.J. 114 (2014). As discussed here, the first opinion written by a new Justice is generally a unanimous decision in a relatively unexceptional case. Today, Justice Solomon, a former prosecutor, was doubtless in his comfort zone. He issued his ...
United Parcel Service Gen. Servs. Co. v. Director, Div. of Taxation, 220 N.J. 90 (2014). This per curiam decision of the Supreme Court today affirmed an Appellate Division decision, written by Judge Lihotz, in favor of the plaintiff taxpayers. Plaintiffs (collectively, “UPS”) ...
Hurwitz v. AHS Hospital Corp., 438 N.J. Super. 269 (App. Div. 2014). The Healthcare Quality Improvement Act of 1986 (“HCQIA”), 42 U.S.C. §§11111-11112, creates an immunity from damages claims arising out of a “professional review action of a professional review ...
Rutgers University Student Assembly v. Middlesex Cty. Bd. of Elections, 438 N.J. Super. 93 (App. Div. 2014). Plaintiffs challenged the constitutionality of N.J.S.A. 19:31-6.3b, which, as Judge Haas described it in this opinion today, “requires all eligible persons to register ...
L.T. v. F.M., 438 N.J. Super. 76 (App. Div. 2014). This case began with plaintiff obtaining a final restraining order (“FRO”) against defendant in the Family Part because defendant had assaulted plaintiff on multiple occasions. The FRO resulted from a ...