Traetto v. Palazzo, 436 N.J. Super. 6 (App. Div. 2014). Plaintiff sought to enjoin defendants, her next-door neighbors, from allowing their son to play the drums in defendants’ detached garage. Pleading a common law nuisance claim, plaintiff’s Verified Complaint alleged ...
Bryan v. Erie County Office of Children & Youth, 752 F.3d 316 (3d Cir. 2014). A “high-low agreement” is one in which parties agree that, regardless of the outcome of (for example) a trial, the plaintiff will not recover more ...
State v. Buckner, 437 N.J. Super. 8 (App. Div. 2014). The issue of whether mandatory retirement of judges at age 70 is constitutional was discussed here. (As an aside, the Supreme Court of Pennsylvania, which thereafter addressed that very issue in that ...
Octane Fitness, LLC v. Icon Health & Fitness, Inc., ___ U.S. ___ (2014), and Highmark Inc. v. Allcare Health Mgmt. System, Inc., ___ U.S. ___ (2014). New Jersey is a hotbed of patent and other intellectual property litigation, in part ...
Cherilus v. Federal Express, 435 N.J. Super. 172 (App. Div. 2014). Plaintiff Joseph Cherilus was injured while working on a Federal Express loading dock. A “cargo lift” was the cause of his injury. He and his wife sued Linc Facilities ...
In re Grant of Charters to Merit Preparatory Charter School and Newark Preparatory Charter School, 435 N.J. Super. 273 (App. Div. 2014). Charter schools are the subject of much controversy. In this case, the Commissioner of Education issued charters to two schools, Merit ...
New Jersey Div. of Child Protection & Permanency v. L.W., 435 N.J. Super. 189 (App. Div. 2014). Impoverishment does not equal child neglect. That is the conclusion of this opinion by Judge Koblitz. The Appellate Division reversed a finding by ...
Hersh v. County of Morris, 217 N.J. 236 (2014). It is traditional for a new Justice’s first opinion to be a unanimous, relatively uncontroversial one. Yesterday, Justice Fernandez-Vina issued his first opinion for the Court in this workers’ compensation case. ...
Hess Corp. v. ENI Petroleum, US, LLC, 435 N.J. Super. 89 (App. Div. 2014). ENI entered into a “Base Contract,” a form widely used in the oil industry, under which ENI would supply natural gas to Hess and provide the ...
Bellino v. Verizon Wireless, 435 N.J. Super. 85 (App. Div. 2014). The Workers Compensation Act, N.J.S.A. 34:15-1 to -142 (“the Act”), contains an “anti-fraud” provision in N.J.S.A. 34:15-57.4. Under that provision, a person who “purposely or knowingly makes, when making a claim for benefits ...