Renner v. AT&T, 218 N.J. 435 (2014). This opinion by a unanimous Supreme Court today, written by Judge Rodriguez, addresses the effect of a 1979 amendment to the Workers’ Compensation Law, N.J.S.A. 34:15-7.2. “In that amendment, the Legislature set higher ...
My firm, Lite DePalma Greenberg, LLC, was successful in two Appellate Division cases within the last few days. Last week, in Villaquiran v. All-State International, Inc., 2014 N.J. Super. Unpub. LEXIS 1633 (App. Div. July 8, 2014), one of my cases, ...
Flinn v. Amboy Nat’l Bank, 436 N.J. Super. 274 (App. Div. 2014). This opinion by Judge Sabatino contains, among other things, an encyclopedic discussion of cases that address the standards of review on a motion to dismiss a complaint. Additionally, ...
Gormley v. Wood-El, 218 N.J. 72 (2014). Cases under the Civil Rights Act, 42 U.S.C. §1983, are often difficult for plaintiffs. Such cases often fail, frequently on dispositive motions, due to qualified immunity, as in Schneider v. Simonini, 163 N.J. 336 (2000), ...
Manata v. Pereira, 436 N.J. Super. 330 (App. Div. 2014). In this automobile-pedestrian collision case, “plaintiff’s counsel engaged in improper cross-examination when he confronted defendant with a police report that counsel did not offer in evidence, but whose substance he ...
Wreden v. Township of Lafayette, 436 N.J. Super. 117 (App. Div. 2014). As Judge Haas described it in this opinion, the “continuing tort doctrine, also known as the ‘continuing violation doctrine,’ provides that when an individual is subjected to a ...
Litwin v. Whirlpool Corp., 436 N.J. Super. 80 (App. Div. 2014). In Portee v. Jaffee, 84 N.J. 88 (1980), the Supreme Court established “a cause of action for damages to a bystander as a result of witnessing an injury-producing event ...
In re Makowka, 754 F.3d 143 (3d Cir. 2014). This opinion by Judge Hardiman, involving as it does an issue of Pennsylvania law with bankruptcy implications, likely would ordinarily be of little interest in New Jersey. But the decision is useful ...
Valent v. Board of Review, 436 N.J. Super. 41 (App. Div. 2014). June Valent is a registered nurse who worked at Hackettstown Community Hospital. In order to minimize the incidence of flu among hospital employees, the hospital promulgated a policy requiring ...
Perez v. Zagami, LLC, 218 N.J. 202 (2014), and Cottrell v. Zagami, LLC, 218 N.J. 217 (2014). In these two cases, the Supreme Court addressed the question of whether the New Jersey Civil Rights Act, N.J.S.A. 10:6-2(c) (“CRA”), permits a ...