This blog previously posed the question “Is Mandatory Judicial Retirement at 70 Unconstitutional?” That was because some Pennsylvania judges had challenged that state’s requirement that judges retire at age 70, which led to speculation about whether New Jersey’s own mandatory ...
Waskevich v. Herold Law, P.A., 431 N.J. Super. 293 (App. Div. 2013). What happens in a case where the parties have agreed to arbitrate some claims between them but not others? Do all the claims go to arbitration, or all to a ...
E.B. v. Division of Medical Assistance & Health Services, 431 N.J. Super. 183 (App. Div. 2013). This appeal challenged the issuance of Medicaid Communication No. 11-03 by the defendant Division. In that Communication, the Division required a Medicaid applicant or recipient to ...
Koseoglu v. Wry, 431 N.J. Super. 140 (App. Div. 2013). This opinion by Judge Lihotz was issued in April but was approved for publication only today. It is a medical malpractice case, on cross-appeals from motions for judgment notwithstanding the verdict (“n.o.v.”) ...
Tumpson v. Farina, 431 N.J. Super. 164 (App. Div. 2013). This case arose under the Faulkner Act, N.J.S.A. 40:69A-1 to -210. [Disclosure: My firm, Lite DePalma Greenberg, LLC, represented defendants in this matter]. In Faulkner Act municipalities, citizens may petition to hold ...
Vellucci v. Allstate Ins. Co., 431 N.J. Super. 39 (App. Div. 2013). Plaintiff’s decedent was employed by Allstate at an office building owned, designed, built, and managed by Mack-Cali Realty, L.P. Plaintiff alleged that the decedent contracted Legionnaire’s Disease from the building’s ...
In re Estate of Thomas, 431 N.J. Super. 22 (App. Div. 2013). Rule 4:85-1 establishes a short time period (four months for New Jersey residents and six months for non-residents, subject to a “reasonable time” exception under Rule 4:50-1) within which anyone who ...
Hernandez v. North Jersey Neurosurgical Assocs., 2013 N.J. Super. LEXIS 1146 (App. Div. May 14, 2013). This decision, in a medical malpractice case, was designated as not precedential, but perhaps should be reconsidered for publication. It involves the decision of a Presiding Judge ...
Northgate Condominium Ass’n, Inc. v. Hillsdale Planning Bd., 214 N.J. 120 (2013). Opponents of land use development applications sometimes contest the adequacy of the notice given by development applicants, as occurred in a recent Appellate Division case. There, the Appellate Division upheld ...
Wolf v. Galex, 2013 N.J. Super. Unpub. LEXIS 1053 (App. Div. May 6, 2013). [Dislosure: I am co-counsel for Mr. Wolf in this matter, and I argued this appeal before the Appellate Division]. Plaintiff and defendant were law partners. They broke up ...