Jatczyszyn v. Marcal Paper Mills, Inc., ___ N.J. Super. ___ (App. Div. 2011).  The key issue in this case involves how to calculate the discovery period permitted by the Court Rules in a circumstance where the case was removed to federal court by the defendant ...

In re Hess, 422 N.J. Super. 27 (App. Div. 2011).  Suzanne Hess was employed as a Geographic Information Specialist by the New Jersey Office of Information Technology.  She filed an application for a deferred retirement allowance, to be effective in 2019, after her ...

Kieffer v. High Point Ins. Co., 422 N.J. Super. 38 (App. Div. 2011).  This matter involves three consolidated cases.  In each, one or more insureds sued their auto insurer after their cars had been fully repaired following an accident.  Plaintiffs in each case asserted, ...

Fair Share Housing Center, Inc. v. New Jersey State League of Municipalities, 207 N.J. 489 (2011).  The New Jersey State League of Municipalities (“the League”) is an entity created under N.J.S.A. 40:48-22 that represents all 566 New Jersey municipalities.  The League lobbies for ...

O’Boyle v. District I Ethics Committee, 421 N.J. Super. 457 (App. Div. 2011).  Judge Axelrad’s opinion in this case begins as follows:  “Rule 1:20-3(h) provides that in cases where a grievance that was found by the district ethics committee to allege unethical behavior ...

NAACP of Camden County East v. Foulke Management Corp., 421 N.J. Super. 404 (App. Div. 2011).  This consumer class action was the occasion for another typically scholarly opinion by Judge Sabatino.  Geraldine Thomas, an African-American, bought a new automobile from defendant.  She was ...

Doe v. Megless, ___ F.3d ___ (3d Cir. 2011).  Federal Rule of Civil Procedure 10(a) requires that the title of a complaint “name all the parties.”  Despite that, in exceptional circumstances, courts have allowed plaintiffs to file complaints using “John Doe” or ...

Futterman v. Board of Review, 421 N.J. Super. 281 (App. Div. 2011).  This case arose out of the 2009 agreement between the Christie administration and the union that represents state workers, in which the State agreed not to lay off ...

Livecchia v. Borough of Mount Arlington, 421 N.J. Super. 24 (App. Div. 2011).  North Jersey Newspapers Co. v. Passaic Cty. Bd. of Freeholders, 127 N.J. 9 (1992), held that “the people and places [a public official] calls on a telephone” were exempt from ...

Badalamenti v. Simkiss, 422 N.J. Super. 86 (App. Div. 2011).  Advocates of “tort reform” like to complain that New Jersey courts will allow anyone to proceed, or even to recover, on any type of tort claim.  This decision, written by ...