Badalamenti v. Simkiss, 422 N.J. Super. 86 (App. Div. 2011). Advocates of “tort reform” like to complain that New Jersey courts will allow anyone to proceed, or even to recover, on any type of tort claim. This decision, written by ...
Canter v. Lakewood of Voorhees, 420 N.J. Super. 508 (App. Div. 2011). Under cases such as State v. Ventron, 94 N.J. 473 (1983), a court may, in proper circumstances, “pierce the veil” of a corporation and hold owners of that corporation liable ...
Port Imperial Condominum Ass’n, Inc. v. K. Hovnanian Port Imperial Urban Renewal, Inc., 419 N.J. Super. 459 (App. Div. 2011). The statute of repose, N.J.S.A. 2A:14-1.1, prevents a cause of action for “damages for any deficiency in the design, planning, surveying, supervision ...
Nutley Policemen’s Benevolent Ass’n v. Township of Nutley, 419 N.J. Super. 160 (App. Div. 2011). The federal Fair Labor Standards Act (“FLSA”) , 29 U.S.C. §§201-219, requires a public employer who gives an employee compensatory time off instead of overtime pay to allow ...
Estate of Desir v. Vertus, 418 N.J. Super. 310 (App. Div. 2011). “[W]here an imperiled person draws in another to his predicament, it is foreseeable that the person drawn in will be injured unless the victim exercises reasonable care.” That was the ...
McGovern v. Rutgers, The State University, 418 N.J. Super. 458 (App. Div. 2011). New Jersey’s Sunshine Law, also known as the Open Public Meetings Act, N.J.S.A. 10:4-6 to -21, is the focus of this opinion by Judge Baxter. The Appellate Division concluded ...
Disabled in Action of Pennsylvania v. SEPTA, 635 F.3d 87 (3d Cir. 2011). The Americans with Disabilities Act (“ADA”), a federal statute, by definition applies nationwide. As a result, the Third Circuit’s decision in this case, which involves a complaint that portions of the public ...
AMB Property, LP v. Penn America Ins. Co., 418 N.J. Super. 441 (App. Div. 2011). The plaintiff’s warehouse tenant, Mystic, obtained a liability insurance policy from the defendant, through the defendant’s agent, Jimcor. Imperial, a third party agent of Mystic, agreed to pay the policy premiums in ...
G.D. v. Kenny, 205 N.J. 275 (2011). A political campaign flyer charged that a candidate had as an aide “a DRUG DEALER who went to JAIL for FIVE YEARS for selling coke near a public school.” That assertion was not completely accurate. ...
Staubach Co. of Pennsylvania v. Galloway Automotive, LLC, 2010 WL 5376868 (App. Div. Dec. 3, 2010). In this per curiam opinion, the court “recognize[d] that when the discovery end date has not yet passed, and discovery has not yet been ...