The Supreme Court announced that it will review two more cases. Both are criminal appeals in which the Court granted certification. In State v. McNeil-Thomas, the question presented, as phrased by the Supreme Court Clerk’s Office, is “Among other issues, ...
Serico v. Rothberg, 234 N.J. 168 (2018). As discussed here, last year, the Appellate Division ruled in this medical malpractice case that a “high-low agreement” is a contract, and that where the agreement did not provide for plaintiff to recover ...
Allstars Auto Group, Inc. v. New Jersey Motor Vehicle Commission, 234 N.J. 150 (2018). The New Jersey Motor Vehicle Commission (“NJMVC”) imposed fines and suspensions on eight car dealers for alleged violations of various NJMVC regulations. The dealers, all acting ...
McDaid v. Aztec West Condominium Association, 234 N.J. 130 (2018). As Jutice Albin stated in the first two sentences of today’s opinion for a unanimous Supreme Court, “Res ipsa loquitur is an equitable doctrine that allows, in appropriate circumstances, a ...
The Supreme Court announced that it has granted review in two more cases. In Zimmerman v. Sussex County Educational Services Commission, the question presented, as phrased by the Supreme Court Clerk’s Office, is “Did the defendant-employer violate the tenure rights ...
Harz v. Borough of Spring Lake, 234 N.J. 317 (2018). The New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 (“NJCRA”) is, in general, the New Jersey analog to the federal Civil Rights Act, 42 U.S.C. §1983. In Tumpson v. ...
The Supreme Court has added one more case to its docket. That case is State v. Camey, in which the Court granted leave to appeal. The question presented, as phrased by the Supreme Court Clerk’s Office, is “Was DNA evidence ...
Kean Federation of Teachers v. Morell, 233 N.J. 566 (2018). Yesterday’s opinion by Justice LaVecchia reversed in part and affirmed as modified a decision of the Appellate Division that was reported at 448 N.J. Super. 520 (App. Div. 2017), and ...
Mark Neary, who has served as Clerk of the Supreme Court for over nine years, will retire in November of this year. A search is on for his replacement. A graduate of Princeton University and Rutgers-Newark School of Law (Class ...
Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 233 N.J. 546 (2018). In a development application under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (“MLUL”), the law governing the application is determined as of “the date of ...