In re Estate of Douglas Castellano and Parentage of Gregory Bock, 456 N.J. Super. 510 (App. Div. 2018). This unusually captioned appeal presented a Chancery issue that was right up Judge Fisher’s alley, and it was he who wrote the ...
On October 31, 1955, the Supreme Court decided Rainier’s Dairies v. Raritan Valley Farms, Inc., 19 N.J. 552 (1955). It was a 6-1 decision, with Justice Jacobs writing for the majority. Justice Wachenfeld was the lone dissenter. The case arose ...
Russo v. Friedrich, 2018 WL 4904555 (App. Div. Oct. 10, 2018); City of Newark Public Schools v. OPEIU Local 32, 2018 WL 4905414 (App. Div. Oct. 10, 2018). It’s a good day when one wins an appeal. It’s a better ...
In re Accutane Litigation, 235 N.J. 229 (2018). [Disclosure: I argued this appeal, together with co-counsel, on behalf of the plaintiffs. The opinions expressed in this post are mine alone, and are not attributable to or necessarily reflective of the ...
Alloco v. Ocean Beach and Bay Club, 456 N.J. Super. 124 (App. Div. 2018). This opinion by Judge Leone focuses on the business judgment rule and its applicability in the context of a planned residential community. As Judge Leone showed, ...
Due to travel over most of the past two weeks (and getting “back in the game” once having returned), there have been no posts here. But the courts have been active during that time. Here, in brief, are some of ...
Sconiers v. United States, 896 F.3d 595 (3d Cir. 2018). Under the Federal Tort Claims Act, 28 U.S.C. §2401(b) (“FTCA”), a tort claim against the United States is “forever barred unless it is presented in writing to the appropriate Federal ...
McDaid v. Aztec West Condominium Association, 234 N.J. 130 (2018). As Jutice Albin stated in the first two sentences of today’s opinion for a unanimous Supreme Court, “Res ipsa loquitur is an equitable doctrine that allows, in appropriate circumstances, a ...
Kean Federation of Teachers v. Morell, 233 N.J. 566 (2018). Yesterday’s opinion by Justice LaVecchia reversed in part and affirmed as modified a decision of the Appellate Division that was reported at 448 N.J. Super. 520 (App. Div. 2017), and ...
Capital One, N.A. v. Peck, 455 N.J. Super. 254 (App. Div. 2018). In the usual foreclosure case, the same entity owns both the note and the related mortgage. The facts of today’s opinion by Judge Koblitz, however, were that the ...