Gormley v. Wood-El, 218 N.J. 72 (2014). Cases under the Civil Rights Act, 42 U.S.C. §1983, are often difficult for plaintiffs. Such cases often fail, frequently on dispositive motions, due to qualified immunity, as in Schneider v. Simonini, 163 N.J. 336 (2000), ...
Litwin v. Whirlpool Corp., 436 N.J. Super. 80 (App. Div. 2014). In Portee v. Jaffee, 84 N.J. 88 (1980), the Supreme Court established “a cause of action for damages to a bystander as a result of witnessing an injury-producing event ...
Traetto v. Palazzo, 436 N.J. Super. 6 (App. Div. 2014). Plaintiff sought to enjoin defendants, her next-door neighbors, from allowing their son to play the drums in defendants’ detached garage. Pleading a common law nuisance claim, plaintiff’s Verified Complaint alleged ...
Cherilus v. Federal Express, 435 N.J. Super. 172 (App. Div. 2014). Plaintiff Joseph Cherilus was injured while working on a Federal Express loading dock. A “cargo lift” was the cause of his injury. He and his wife sued Linc Facilities ...
Robinson v. Vivirito, 217 N.J. 199 (2014). On her way to a diner on a Saturday, plaintiff Charlotte Robinson took a shortcut across a middle school property. As she crossed the schoolyard, she was attacked by a dog owned by ...
Port Liberte II Condominium Ass’n, Inc. v. New Liberty Residential Urban Renewal Co., LLC, 435 N.J. Super. 51 (App. Div. 2014). The caption in this case, a construction defect action regarding the Port Liberte II Condominium, a 225-unit development in ...
Bhagat v. Bhagat, 217 N.J. 22 (2014). A father transferred stock in a close corporation to his son. Such transfers from parent to child are generally presumed to be gifts, unless the presumption is rebutted. The issue in this appeal, ...
DeMarco v. Stoddard, 434 N.J. Super. 352 (App. Div. 2014). In P.V. v. Camp Jaycee, 197 N.J. 132 (2008), discussed here, the Supreme Court replaced the “governmental interest test” that had guided choice of law decisions with the “most significant relationship” test ...
R.K. v. D.L., Jr., 434 N.J. Super. 113 (App. Div. 2014). At least since Printing Mart v. Sharp Electronics, 116 N.J. 739 (1989), it has been clear that motions to dismiss for failure to state a claim, Rule 4:6-2(e), are ...
McGlynn v. State of New Jersey, 434 N.J. Super. 23 (App. Div. 2014). This was a negligence and wrongful death case. Suit was brought against various defendants, including Jersey Central Power & Light, after a tree fell on a car in ...