Des Champs Laboratories, Inc. v. Martin, 427 N.J. Super. 84 (App. Div. 2012). This opinion by Judge Sabatino, for a unanimous Appellate Division panel, may lead to one of the most important Supreme Court decisions in years in the areas of administrative and environmental law. The panel held that ...
Sussex Commons Assocs., LLC v. Rutgers, the State University, 210 N.J. 531 (2012). Rutgers, the State University of New Jersey, and its two law schools are unquestionably subject to the Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (“OPRA”), as the Supreme Court ...
In re Estate of Richard Ehrlich, 427 N.J. Super. 64 (App. Div. 2012). Richard Ehrlich, a trust and estates lawyer, died. The only purported will of his that could be found was a fourteen-page document typed on traditional legal paper with Ehrlich’s ...
Taniguchi v. Kan Pacific Saipan, Ltd., 132 S.Ct. 1997 (2012). About seventeen months ago, the Appellate Division had a personal injury protection (PIP) case, Perez v. Farmers Mutual Fire Ins. Co., 417 N.J. Super. 403 (App. Div. 2011), discussed here, that turned in part on ...
US Bank, N.A. v. Hough, 210 N.J. 187 (2012). There seems to be infinite room for judges, or Justices, to disagree about how to interpret statutes or regulations. Sometimes, there are differences even where the administrative agency that promulgated the regulations has weighed in. In ...
Beim v. Hulfish, 427 N.J. Super. 560 (App. Div. 2012). The first paragraph of this very interesting opinion by Judge Harris, in an auto accident case, well encapsulates the novel issue presented: “This appeal arises in connection with the Wrongful Death Act, ...
New Jersey Ass’n of School Adminstrators v. Schundler, 211 N.J. 535 (2012). This case required the Supreme Court to parse and reconcile an unusually complex scheme of statutes and regulations that dealt with benefits available by contract to high-level school administrators. In ...
Mohamad v. Palestinian Authority, 132 S.Ct. 1702 (2012). When Justice Alito spoke at the last Third Circuit Conference, he said that most of the Supreme Court’s work does not deal with constitutional issues. Rather, most cases involve statutory interpretation. Some of those ...
Lord v. Board of Review, 425 N.J. Super. 187 (App. Div. 2012). Did an employee who accepted his employer’s directive that he “had to resign” leave his job “voluntarily” so as to disqualify him from receiving unemployment benefits under N.J.S.A. 43:21-5(a)? That was ...
State v. Perini Corp., 425 N.J. Super. 62 (App. Div. 2012). N.J.S.A. 2A:14-1.1a establishes a ten-year statute of repose for actions involving alleged deficiencies “in the design, planning, surveying, supervision or construction of an improvement to real property.” Writing for the panel ...