The Supreme Court has issued a schedule for briefing on the emergent appeal by parties challenging Governor Christie’s scheduling of special elections to fill the United States Senate seat held by Senator Lautenberg before his death. The Appellate Division had ruled against plaintiffs. ...
Having agreed to review on an emergent basis an attack on Governor Christie’s decision to schedule a special primary in August and a general election in October to fill the United States Senate seat that had been held by Senator ...
Angland v. Mountain Creek Resort, Inc., 213 N.J. 99 (2013). Plaintiffs’ decedent had a skiing accident with a snowboarder, from which plaintiff’s’ decedent later died. His estate sued the ski area and the snowboarder. The New Jersey Ski Act, N.J.S.A. 5:13-1 to -12, ...
Tumpson v. Farina, 431 N.J. Super. 164 (App. Div. 2013). This case arose under the Faulkner Act, N.J.S.A. 40:69A-1 to -210. [Disclosure: My firm, Lite DePalma Greenberg, LLC, represented defendants in this matter]. In Faulkner Act municipalities, citizens may petition to hold ...
Cologna v. Board of Trustees, Police & Firemen’s Retirement Syst., 430 N.J. Super. 362 (App. Div. 2013). By statute, a former member of the Police and Firemen’s Retirement System (“PFRS”) normally has two years to resume employment and reinstitute membership in the PFRS. N.J.S.A. ...
Regalado v. Curling, 430 N.J. Super. 342 (App. Div. 2013). The lesson of this short opinion by Judge Sapp-Peterson, issued the day after this appeal was orally argued due to the need for speed, is that “[e]lection laws are to be liberally ...
Nicholas v. Mynster, 213 N.J. 463 (2013). Until the advent of the New Jersey Medical Care Access and Responsibility and Patients First Act, codified in part at N.J.S.A. 2A:53A-41, “in medical-malpractice cases, physician experts of different medical specialties, but who treated similar maladies, could ...
Turner v. Irvington Tp., 430 N.J. Super. 274 (App. Div. 2013). This opinion by Judge Parrillo reversed the denial of the defendant Township’s motion for summary judgment in a case that sought to hold the Township vicariously liable for the allegedly improper ...
Mahwah Realty Associates, Inc. v. Mahwah Tp., 430 N.J. Super. 247 (App. Div. 2013). This case, in which plaintiffs sought to block development of a health club, has been back and forth to the Appellate Division several times. This round of proceedings involved a ...
D.D. v. University of Medicine & Dentistry of New Jersey, 213 N.J. 130 (2013). Under the New Jersey Tort Claims Act, N.J.S.A. 59:8-1 et seq. (“TCA”), no lawsuit can be filed against a public entity unless the plaintiff has first given notice ...