Sullivan v. Max Spann Real Estate & Auction Co., 465 N.J. Super. 243 (App. Div. 2020). As Judge Firko stated in the first sentence of her opinion in this case, this was an appeal “from a July 22, 2019, order ...
United States v. Brito, 979 F.3d 185 (3d Cir. 2020). As discussed here, waiver of an argument occurs when a party intentionally relinquishes or abandons a contention, while forfeiture is the failure to assert an argument in timely fashion, without ...
Zahl v. Eastland, 465 N.J. Super. 79 (App. Div. 2020). [Disclosure: I have represented the defendants in this matter.] Judge Messano’s opinion for the Appellate Division in this case today is the second time that this case came before the ...
State v. Faber, 465 N.J. Super. 1 (App. Div. 2020). As discussed here, last month, the Appellate Division affirmed defendant’s Municipal Court convictions but remanded for correction of his sentence. The panel cited two matters that the Law Division had ...
Underage Adult Host Can be Liable for Acts of Underage Guests Who Consume Alcohol at the Host’s Home
Estate of Narleski v. Gomes, 244 N.J. 199 (2020). Near the beginning of his opinion for a unanimous Supreme Court in this case, Justice Albin summarized the issue: “Under our statutes and case law, a social host over the age ...
MZM Construction Co., Inc. v. New Jersey Building Laborers Statewide Benefit Funds, 974 F.3d 386 (3d Cir. 2020). Decisions about arbitration just keep on coming, from both New Jersey and federal courts. This latest opinion, by Judge Restrepo, addresses what ...
Flanzman v. Jenny Craig, Inc., 244 N.J. 119 (2020). As discussed here, the Appellate Division in this employment discrimination case held that an arbitration provision that did not specify a forum or process for the arbitration did not reflect a ...
Libertarians for Transparent Government v. Cumberland County, 465 N.J. Super. 11 (App. Div. 2020). Judge Accurso issued this opinion for the Appellate Division today, the first published opinion in a civil case of this new Term. It arose under the ...
State v. Faber, 465 N.J. Super. 1 (App. Div. 2020). Today’s opinion by Judge Fuentes in this case, which originated in Municipal Court and then went to the Law Division, makes an important point: the Appellate Division reviews not the ...
Pickett v. Moore’s Lounge, 464 N.J. Super. 549 (App. Div. 2020). This was an insurance coverage case. Plaintiff’s decedent was shot to death at the defendant tavern by another patron following an argument. After settling with other defendants, plaintiff sought ...