Cologna v. Board of Trustees, Police & Firemen’s Retirement Syst., 430 N.J. Super. 362 (App. Div. 2013).  By statute, a former member of the Police and Firemen’s Retirement System (“PFRS”) normally has two years to resume employment and reinstitute membership in the PFRS.  N.J.S.A. ...

Regalado v. Curling, 430 N.J. Super. 342 (App. Div. 2013).  The lesson of this short opinion by Judge Sapp-Peterson, issued the day after this appeal was orally argued due to the need for speed, is that “[e]lection laws are to be liberally ...

McLean v. Liberty Health System, 430 N.J. Super. 156 (App. Div. 2013).  This opinion by Judge Ashrafi addresses a number of evidence issues.  The most important, however, relates to the decision of the Law Division to limit plaintiff to one expert witness ...

Henebema v. South Jersey Transportation Authority, 430 N.J. Super. 485 (App. Div. 2013).  The key issue in this case, in which the opinion of the Appellate Division was written by Judge Fasciale, was whether a judge or a jury is to decide “whether defendants ...

D.D. v. University of Medicine & Dentistry of New Jersey, 213 N.J. 130 (2013).  Under the New Jersey Tort Claims Act, N.J.S.A. 59:8-1 et seq. (“TCA”), no lawsuit can be filed against a public entity unless the plaintiff has first given notice ...

Townsend v. Pierre, 429 N.J. Super. 522 (App. Div. 2013).  Though this case, which arose out of an auto accident, is a decision on summary judgment, it may be of greatest interest to lawyers and clients whose cases are at the trial stage.  ...

Vega v. 21st Century Ins. Co., 430 N.J. Super. 18 (App. Div. 2013).  More and more, courts are rejecting formalisms and looking to the realities of a situation.  This opinion by Judge Fisher is an example of that. Plaintiff, allegedly injured in ...

Nostrame v. Santiago, 213 N.J. 109 (2013).  When a personal injury plaintiff in a potentially big case switches attorneys, the attorney being replaced may see a potentially large fee disappearing.  It is tempting for that attorney to believe that the new attorney ...

Halvorsen v. Villamil, 429 N.J. Super. 568 (App. Div. 2013).  Does the Dram Shop Act, N.J.S.A. 2A:22A-1 to -7, which makes a licensed alcholic beverage server liable for serving a visibly intoxicated person who then causes personal injury or property damage to ...

Motley v. Seaside Park Bd. of Adj., 430 N.J. Super. 132 (App. Div. 2013).  N.J.S.A. 40:55D-68 allows a non-conforming use or structure to be “restored or repaired in the event of partial destruction thereof.”  This opinion, written by Judge Sabatino, addresses a ...