Mellet v. Aquasid, LLC, ___ N.J. Super. ___ (App. Div. 2017). The decision in this consumer protection case was issued in June as an unpublished opinion. Defendant then asked the Committee on Opinions to designate it for publication, pursuant to ...
L.C. v. M.A.J., 451 N.J. Super. 408 (App. Div. 2017). In Cho v. Trinitas Regional Medical Center, 443 N.J. Super. 461 (App. Div. 2016), discussed here, Judge Espinosa wrote an opinion that stated emphatically that a motion in limine right ...
The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, 230 N.J. 427 (2017). This opinion, by Justice Albin for a unanimous Court, involved a lengthy construction defect litigation. The issue was when the plaintiff condominium association’s ...
Sauter v. Colts Neck Volunteer Fire Co. No. 2, 451 N.J. Super. 581 (App. Div. 2017). The Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -14 (“CEPA”) protects “employees who report illegal or unethical work-place activities.” CEPA defines an “employee” as ...
Moon v. Breathless, Inc., 868 F.3d 209 (3d Cir. 2017). At least since 2014, when the Supreme Court of New Jersey decided Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (2014) (discussed here), New Jersey law has been ...
Jones v. Morey’s Pier, Inc., 230 N.J. 142 (2017). Under the New Jersey Tort Claims Act, N.J.S.A. 59:8-8, a tort plaintiff who fails to timely serve a notice of tort claim on a public entity is barred from suing that ...
In re Accutane Litig., 2017 WL 3138003 (App. Div. July 25, 2017). [Disclosure: I argued for the successful plaintiffs in one of these two consolidated appeals, the one that involved the NJPLA.] The New Jersey Product Liability Act, N.J.S.A. 2A:58C-4 ...
Grande v. Saint Clare’s Health System, 230 N.J. 1 (2017). Today’s unanimous, scholarly opinion by Justice Solomon, with an equally scholarly concurring opinion by Jsutice LaVecchia, arose from an appeal as of right in this Law Against Discrimination (“LAD”) case. ...
Ocwen Loan Services, LLC v. Quinn, 450 N.J. Super. 393 (App. Div. 2017). The doctrine of equitable subrogation provides that “a refinancing lender whose security turns out to be defective is subrogated by equitable assignment to the position of the ...
Abboud v. National Union Fire Ins. Co., 450 N.J. Super. 400 (App. Div. 2017). This opinion by Judge Ostrer interpreted an “insured vs. insured” exclusion in a directors and officers liability insurance policy. That exclusion generally bars coverage for claims ...