Winters v. North Hudson Regional Fire & Rescue, 212 N.J. 67 (2012).  When a public employee who is the subject of a disciplinary proceeding before the Civil Service Commission (“the Commission”) asserts retaliation as a defense, but then does not offer ...

HIP Heightened Independence and Progress, Inc. v. The Port Authority of New York and New Jersey, 693 F.3d 345 (3d Cir. 2012).  Last year, the Third Circuit decided a case about the inacessibility of SEPTA rail stations in Philadelphia.  This case ...

Mullen v. The Ippolito Corporation, 428 N.J. Super. 85 (App. Div. 2012).  An action in lieu of prerogative writs can be used where, at common law, one of the designated prerogative writs would have been the proper basis for suit.  ...

Suarez v. Eastern International College, 428 N.J. Super. 10 (App. Div. 2012).  Plaintiff enrolled at the defendant for-profit college, in its diagnostic medical ultrasound technician program.  A school representative told her before she enrolled that after graduating from the college, ...

Gannon v. American Home Products, Inc., 211 N.J. 454 (2012).  This case presented the issue of whether a judgment against these personal injury plaintiffs in their federal court suit against the United States government for allegedly negligently permitting the marketing of ...

Zavala v. Wal Mart Stores, Inc.., 691 F.3d 527 (3d Cir. 2012).  This Fair Labor Standards Act (“FLSA”) decision, written by Judge Smith, rejects a collective action under the FLSA and affirms the district court’s dismissal of plaintiff’s claims on the merits.  The ...

Stancil v. ACE USA, ___ N.J. ___ (2012).  “In this matter, we are asked to create a common law cause of action that would permit an injured employee, who is separately entitled to workers’ compensation benefits, to sue his employer’s ...

Murray v. Plainfield Rescue Squad, 210 N.J. 581 (2012).  Plaintiffs’ son was shot in the chest by his brother.  The Plainfield Rescue Squad was called.  But there was allegedly a prolonged delay in transporting the victim to the hospital, and he died.  Though plaintiffs sued multiple ...

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 ...

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, ...