In making up for lost time, a separate post was warranted to take note of three new grants of review by the Supreme Court. The cases address very different areas of the law. The biggest of the three cases may ...
Several days out of the office last week, and work on a large appellate brief, have left me well behind our appellate courts, who have produced a number of decisions in that interim. To try to catch up, here are ...
The Supreme Court announced late yesterday that it has granted certification in three more cases. In the first matter, Serico v. Rothberg, the question presented, as phrased by the Supreme Court Clerk’s office, is “Did plaintiff waive her right to ...
Today’s seminar, which was sponsored by the NJSBA Appellate Practice Committee, took up the important topic of the record on appeal. Judge Messano, who headed up the panel, began by stating that the panel hoped actiually to make this topic ...
New Jersey Division of Child Permanency & Protection v. J.L.G., 450 N.J. Super. 113 (App. Div. 2015), aff’d o.b., 229 N.J. 113 (2017). This abuse and neglect case resulted in a 2-1 split in the Appellate Division. Judge Simonelli, joined ...
In recent years, acceptance by the Supreme Court of questions certified to it by the Third Circuit Court of Appeals under Rule 2:12A has become somewhat more frequent, though still not a regular occurrence. Today, May 16, however, is the ...
The Supreme Court announced this morning that it has granted review in four more cases. Two of them address discovery issues, and two involve criminal matters. In Brugaletta v. Garcia, the question presented, as phrased by the Supreme Court Clerk’s ...
Allstate Ins. Co. v. Northfield Medical Center, P.C., 228 N.J. 596 (2017). After a bench trial, defendants were found to have violated the Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to -30 (“IFPA”). The violation arose from defendants’ use of “a ...
The Supreme Court announced today that it has granted review in State v. Newman. The question presented, as phrased by the Supreme Court Clerk’s Office, is “Did the trial court err in granting the State’s motion for pretrial detention, pursuant ...
The Supreme Court announced that it has granted review in Saint Peter’s University Hospital, Inc. v. Horizon Healthcare Services, Inc. That case, and related litigation involving hospitals and Horizon, has gotten much publicity in the press. The question presented, as ...