Communication Workers of America, AFL-CIO v. New Jersey Civil Service Comm’n, 447 N.J. Super. 584 (App. Div. 2016).  Article V, section 4, paragraph 6 of the New Jersey Constitution, approved by the voters in 1992, gives the Legislature the power ...

The Supreme Court has announced that it has granted review in EQR-LPC Urban Renewal North Pier, LLC v. City of Jersey City.  The question presented in that appeal, as phrased by the Supreme Court Clerk’s Office, is “Do the 2003 ...

Cumberland Farms, Inc. v. New Jersey Dep’t of Environmental Protection, 447 N.J. Super. 444 (App. Div. 2016).  Plaintiff (“CFI”) operates convenience stores and gas stations in many locations in New Jersey.  Hazardous substances are discharged at some of those locations.  ...

North Jersey Media Group, Inc. v. Bergen County Prosecutor’s Office, ___ N.J. Super. ___ (App. Div. 2016).  The answer to the question posed in the caption of this post is, according to Judge Espinosa’s opinion today, “yes,” but only “when ...

Rosenberg v. DVI Receivables XVII, LLC, 835 F.3d 414 (3d Cir. 2016).  As Judge Ambro noted in his opinion in this case today, an involuntary bankruptcy is one that is commenced by creditors, essentially forcing a debtor into bankruptcy proceedings.  ...

In the last ten days, the Supreme Court, nearing the end of its term, has issued a number of opinions.  It has been hard to keep up with them all.  To catch up, here are brief summaries of the Court’s ...

IE Test, LLC v. Carroll, 226 N.J. 166 (2016).  Until it was superseded by the Revised Uniform Limited Liability Company Act, N.J.S.A. 42:2C-1 to -94 (“RULLCA”), on March 18, 2013, relationships among members of a limited liability company were governed ...

Williams v. American Auto Logistics, 226 N.J. 117 (2016).  Parties who fail to follow procedural rules are a source of frustration to busy trial judges.  As Justice Fernandez-Vina noted in today’s opinion for a unanimous Supreme Court, courts have “a ...

Jai Sai Ram, LLC v. South Toms River Planning and Zoning Bd., 446 N.J. Super. 338 (App. Div. 2016).  As Judge Reisner stated in her opinion in this case today, before the Legislature amended the Municipal Land Use Law, N.J.S.A. ...

Rosenthal & Rosenthal, Inc. v. Benun, 226 N.J. 41 (2016).  A future advance mortgage, in broad outline, is a mortgage that secures a loan that is made in stages, rather than all at once.  This case called on the Supreme ...