IMO Advisory Letter No. 3-11 and Opinion No. 12-08 of the Supreme Court Advisory Committee on Extrajudicial Activities, 215 N.J. 495 (2013). Since 2008, Vincent Sicari has been a part-time Municipal Judge in South Hackensack. He has also performed as ...
The Appellate Division has announced new procedures for emergent applications. The Notice to the Bar that details those procedures is available here. The key change is that the Appellate Division will no longer publish lists of which judges will be ...
Lippman v. Ethicon, Inc., 432 N.J. Super. 378 (App. Div. 2013). Today’s opinion under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8 (“CEPA”), written by Judge Fuentes, reversed a summary judgment in favor of the defendant employer. Relying in part ...
Kaye v. Rosefielde, 432 N.J. Super. 421 (App. Div. 2013). This first post of the 2013-2014 Term focuses on the longest published decision issued by the Appellate Division in the just-ended 2012-2013 Term. The opinion, written by Judge Fuentes and issued on ...
In re Semcrude, L.P., 728 F.3d 314 (3d Cir. 2013). An egg cream is a fountain drink, associated primarily with New York City, whose ingredients include neither egg nor cream. As explained in this opinion by Judge Ambro, “equitable mootness” ...
New Jersey Division of Child Protection & Permanency v. C.S., 432 N.J. Super. 224 (App. Div. 2013). As Judge Fisher noted in today’s opinion, in the context of children who may go to or remain in foster care, “there is ...
Cole v. Jersey City Medical Center, 215 N.J. 165 (2013). In Cole v. Jersey City Medical Center, 425 N.J. Super. 48 (App. Div. 2012), discussed here, the Appellate Division ruled that defendant, who had litigated this employment discrimination case for 21 months and ...
Hirsch v. Amper Financial Services, LLC, 215 N.J. 174 (2013). Arbitration is a matter of contract. The issue in this case was whether non-parties to an arbitration agreement could be compelled to arbitrate because the issues involving those non-parties were intertwined with ...
Norfolk Southern Railway Co. v. Intermodal Properties, LLC, 210 N.J. 261 (2013). New Jersey law allows railroads and public utilities to take private property by eminent domain. N.J.S.A. 48:3-17.7 requires that any such taking be “not incompatible with the public interest,” and N.J.S.A. 48:12-35 limits ...
Ten Stary Dom Partnership v. Mauro, 216 N.J. 16 (2013). Less than two weeks after issuing an opinion about conditional use variances, the Supreme Court today turned to bulk variances under N.J.S.A. 40:55D-70(c). The issues of this case are on ...