On June 20, Assemblymen Gary Chiusano (R-24th Dist.) and John Wisniewski (D-19th Dist.) introduced Assembly Bill 4135. That legislation would make appealable to the Appellate Division as of right, instead of on an interlocutory basis, any court decision that grants or denies class certification ...
Risko v. Thompson Muller Automotive Group, Inc., 206 N.J. 506 (2011). This case came to the Supreme Court because of improper remarks made by plaintiff’s counsel in his trial summation. The case was a slip and fall that caused plaintiff’s ...
In re Route 280 Contract, 89 N.J. 1 (1982), is frequently cited in connection with the standards for a grant of certification or a decision to vacate certification. But few have occasion to read the Appellate Division opinion that led to the ...
Abbott v. Burke, 206 N.J. 332 (2011). The merits of this latest decision on the funding necessary to satisfy the mandate of article VIII, section 4, paragraph 1 of the New Jersey Constitution that the State provide a “thorough and efficient system ...
Frumer v. Nat’l Home Ins. Co., 420 N.J. Super. 7 (App. Div. 2011). This short opinion by Judge Simonelli, which involved claims under a new home warranty, reverses a lower court’s refusal to compel arbitration despite the seemingly plain language of an arbitration ...
Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011). In Caspi v. Microsoft Network, LLC, 323 N.J. Super. 118 (App. Div. 1999), the Appellate Division upheld a forum selection clause that was contained in an electronic contract between an internet ...
Layton v. Lewis, 2011 WL 1632039 (App. Div. May 2, 2011). Olympic gold medalist Carl Lewis filed papers to run for the New Jersey State Senate in the Democratic party primary. Two registered Republicans objected to his nominating petitions, asserting that Lewis did not ...
In re State Bd. of Education’s Denial of Petition to Adopt Regulations Implementing the New Jersey High School Voter Registration Law, 2011 WL 1529734 (App. Div. 2011). Public interest organizations submitted a petition for rulemaking to compel the Commissioner of Education to ...
Orner v. Liu, 419 N.J. Super. 431 (App. Div. 2011). This case involved a motion under several sections of Rule 4:50-1 for relief from a judgment. Defendants, the movants, waited until one day less than one year from the entry of the ...
Dover-Chester Associates v. Randolph Tp., 419 N.J. Super. 184 (App. Div. 2011). The procedural history of these consolidated appeals was somewhat convoluted, but the legal issue was straightforward, as Judge Espinosa phrased it for the Appellate Division: “whether relaxation [of the requirement ...