Bermudez v. Kessler Institute for Rehabilitation, 439 N.J. Super. 35 (App. Div. 2015). The different ways in which legislative language, even relatively precise definitions, can be seen to be ambiguous or unclear seem endless. In today’s decision, the issue was whether the Kessler ...
Hill International, Inc. v. Atlantic City Bd. of Educ., 438 N.J. Super. 562 (App. Div. 2014). The Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29, requires that a plaintiff in a professional malpractice or professional negligence case submit at an ...
United Parcel Service Gen. Servs. Co. v. Director, Div. of Taxation, 220 N.J. 90 (2014). This per curiam decision of the Supreme Court today affirmed an Appellate Division decision, written by Judge Lihotz, in favor of the plaintiff taxpayers. Plaintiffs (collectively, “UPS”) ...
Mortgage Grader, Inc. v. Ward & Olivo, LLP, 438 N.J. Super. 202 (App. Div. 2014). In the legal malpractice context, a “tail” insurance policy is one that “provides insurance coverage for malpractice that occurs during the claims-made policy coverage period but is ...
Education Law Center v. New Jersey State Bd. of Educ., 438 N.J. Super. 108 (App. Div. 2014). In In re Grant of Charters to Merit Preparatory School and Newark Preparatory Charter School, 435 N.J. Super. 273 (App. Div. 2014), discussed ...
In re Denial of Application of Winston for a Firearms Purchaser Identification Card, 438 N.J. Super. 1 (App. Div. 2014). George Winston, Jr. applied to the Police Chief in Clifton, New Jerey for a firearms purchaser identification card and a permit to ...
New Jersey Natural Gas Co. v. Borough of Red Bank, 438 N.J. Super. 164 (App. Div. 2014). New Jersey Natural Gas (“NJNG”) proposed to remove underground gas regulators located in the Borough of Red Bank and replace them with above-ground ...
Manhattan Trailer Park Homeowners Ass’n, Inc. v. Manhattan Trailer Court & Trailer Sales, Inc., 438 N.J. Super. 185 (App. Div. 2014). The Mobile Home Protection Act, N.J.S.A. 46:8C-2 to -21, is intended to protect residents of mobile home parks against unscrupulous ...
Thorpe v. Borough of Jim Thorpe, 770 F.3d 255 (3d Cir. 2014). Jim Thorpe was one of the greatest athletes of the twentieth century. He won Olympic medals in 1912 and played both professional football and baseball. When he died in 1953, his ...
In re Petition of BofI Federal Bank to Assign Lottery Prize Payment Rights, 437 N.J. Super. 549 (App. Div. 2014). These consolidated cases called on the Appellate Division to decide whether N.J.A.C. 17:20-7.9(j), which states that “no one shall have the ...