The past few days have been especially busy ones in my practice. The Appellate Division has likewise been quite busy issuing published opinions as January turned to February. Here are summaries of those opinions. City of Newark v. Township of ...
Rozenblit v. Lyles, ___ N.J. ___ (2021). This case involved the question of whether a bargained-for “release time” provision in a collective bargaining agreement between the Jersey City School District and the Jersey City Education Association, which allowed two “releasees” ...
New Jersey Transit Corp. v. Certain Underwriters at Lloyd’s London, ___ N.J. ___ (2021). As summarized here, this was an insurance coverage dispute arising out of Superstorm Sandy. New Jersey Transit sought coverage for damages up to the $400 million ...
Branch v. Cream-O-Land Dairy, ___ N.J. ___ (2021). As summarized here, the Appellate Division in this overtime Wage and Hour Law (“WHL”) class action case reversed a summary judgment ruling for the defense, holding that the statute’s “good faith defense” ...
Clark v. Nenna, ___ N.J. Super. ___ (App. Div. 2020). After plaintiff broke his femur during a physical therapy session, he had surgery that stabilized his bone using screws and washers. The screw heads caused him discomfort, so he had ...
As 2005 neared its close, the Supreme Court decided Tonelli v. Wyckoff Tp. Bd. of Educ., 185 N.J. 438 (2005), on December 28 of that year. The case arose when plaintiff Virginia Tonelli, after watching her granddaughter play soccer on ...
The Supreme Court announced that it has granted certification in Gilbert v. Stewart. The question presented, as phrased by the Supreme Court Clerk’s office, is “In this legal malpractice action, was defendant entitled to summary judgment on the grounds that ...
Ippolito v. Ippolito, ___ N.J. Super. ___ (App. Div. 2020); Garden State Investment v. Township of Brick, ___ N.J. Super. ___ (App. Div. 2020). Each of the last two days saw published opinions by Judge Fisher. Each one was short, ...
Pannucci v. Edgewood Park Senior Housing- Phase 1, LLC, ___ N.J. Super. ___ (App. Div. 2020). As Judge Ostrer explained in his opinion for the Appellate Division today, the “settled doctrine of res ipsa loquitur,” which means “the thing speaks ...
Crisitello v. St. Theresa School, 465 N.J. Super. 223 (App. Div. 2020). This decision under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. (“LAD”), was the second time that this case came before the Appellate Division. The issue ...