Landau v. Landau, 461 N.J. Super. 107 (App. Div. 2019). The honor of the first published Appellate Division decision of the new Term goes to Judge Accurso in this matrimonial appeal. The issue, as Judge Accurso framed it, was “whether ...
The Appellate Division does not issue many opinions in August, as the judges clean up remaining inventory. But there have been some significant published opinions in the last two weeks. Here are summaries of some of those rulings: Harvard v. ...
F.K. v. Integrity House, Inc., 460 N.J. Super. 105 (App. Div. 2019). This charitable immunity case centered on how much in charitable contributions (as opposed to, say, government support) defendant received. In order to satisfy the three-pronged test for charitable ...
S.L.W. v. New Jersey Div. of Pensions & Benefits, 238 N.J. 385 (2019). The statute governing the police and firemen’s retirement system (“PFRS”) makes children and widowed spouses of police and firefighters who die after retirement eligible to receive survivor ...
The Supreme Court announced late yesterday that it has granted certification in three cases. Two of the matters produced published opinions in the Appellate Division. The first of those is New Jersey Land Title Ass’n v. Rone. The question presented ...
Mauthe, M.D., P.C. v. Optum Inc., 925 F.3d 129 (3d Cir. 2019). Plaintiff, a medical practice, received an unsolicited fax from defendants. Defendants maintain a database of healthcare providers, a database that they sell to various entities. To keep the ...
Home Depot U.S.A., Inc. v. Jackson, 139 S. Ct. 1743 (2019). Among other changes made by the so-called Class Action Fairness Act of 2005, 28 U.S.C. 1453(b) (“CAFA”) made it easier for class action defendants to remove to federal court ...
Feuer v. Merck & Co., Inc., 238 N.J. 27 (2019). As discussed here, the Appellate Division, in an opinion by Judge Ostrer that was reported at 455 N.J. Super. 69 (App. Div. 2019), affirmed (after de novo review of the ...
Green v. Monmouth University, 237 N.J. 516 (2019). In a unanimous opinion by Justice Fernandez-Vina today, the Supreme Court resolved a case that had divided the Appellate Division, as discussed here. The question involved charitable immunity for an injury sustained ...
Garden State Check Cashing Service, Inc. v. New Jersey Department of Banking and Insurance, 237 N.J. 482 (2019). As discussed here, this was the very first appeal of the current Supreme Court term. Today, in a unanimous opinion by Justice ...