Seals v. County of Morris, 210 N.J. 157 (2012).  While driving on a snow-covered road, plaintiffs could not negotiate a curve in the road and struck a JCP&L electrical pole located near the side of that road.  The County of Morris did not ...

Rubessa v. Warner, 2012 WL 1468789 (App. Div. April 30, 2012).  In spite of frequent warnings that interlocutory appeals improperly brought as final will be dismissed, the Appellate Division occasionally overlooks that distinction and grants leave to appeal nunc pro tunc ...

Konop v. Rosen, 425 N.J. Super. 391 (App. Div. 2012).  Trial lawyers and appellate lawyers take heed!  The Appellate Division, speaking through an encyclopedic opinion by Judge Messano, has issued one of the relatively rare appellate opinions about the application of the ...

Cowher v. Carson & Roberts, 425 N.J. Super. 285 (App. Div. 2012).  Plaintiff Myron Cowher worked for a trucking company.  His two supervisors persistently hurled anti-Semitic epithets at him, including (among many others) “Jew Bag,” “Jew Bastard,”If you were a German, we ...

Walker v. Choudhary, 425 N.J. Super. 135 (App. Div. 2012).  This was a medical malpractice and wrongful death action.  Three defendants, a doctor, a medical group, and a company that owns a hospital, won summary judgment based on the statute of limitations.  Plaintiff ...

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 ...

Macfarlan v. Ivy Hill SNF, LLC, 675 F.3d 266 (3d Cir. 2012).  “Judicial estoppel is a ‘judge-made doctrine that seeks to prevent a litigant from asserting a position inconsistent with one that [he or she] has previously asserted in the same or ...

Investors Savings Bank v. Keybank Nat’l Ass’n, 424 N.J. Super. 439  (App. Div. 2012).  It is not often that a suit between two banks results in a published opinion.  This case, in which Judge Skillman wrote for the panel, involved a dispute as ...

Telebright Corp., Inc. v. Director, New Jersey Div. of Taxation, 424 N.J. Super. 384 (App. Div. 2012).  Plaintiff, a Delaware company with offices in Maryland, has an employee who telecommutes from New Jersey.  Plaintiff sells a web application to customers, and the ...

Davis v. Devereux Foundation, 209 N.J. 269 (2012).  Under the Restatement of Agency (Second), §219(2)(c), when one has a duty to protect others and delegates that duty to an agent, such as an employee, the employer can be liable for the employee’s failure to ...