IE Test, LLC v. Carroll, 226 N.J. 166 (2016).  Until it was superseded by the Revised Uniform Limited Liability Company Act, N.J.S.A. 42:2C-1 to -94 (“RULLCA”), on March 18, 2013, relationships among members of a limited liability company were governed ...

In re Adoption of a Child by J.E.V. and D.G.V., 226 N.J. 90 (2016).  In this unanimous opinion, authored by Chief Justice Rabner, the Supreme Court ruled that an indigent parent who faces the termination of her parental rights in ...

Williams v. American Auto Logistics, 226 N.J. 117 (2016).  Parties who fail to follow procedural rules are a source of frustration to busy trial judges.  As Justice Fernandez-Vina noted in today’s opinion for a unanimous Supreme Court, courts have “a ...

The Supreme Court has granted certification of class certification decisions in two cases under the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., and the Truth in Consumer Contract, Warranty, and Notice Act, N.J.S.A. 56:12-14 et seq.  One of the cases, ...

The Philadelphia Inquirer reports that the Supreme Court has granted review of the Appellate Division’s decision in Paff v. Galloway Tp., 444 N.J. Super. 495 (App. Div. 2016).  That decision was discussed here.  The Open Public Records Act (“OPRA”) requestor ...

Rosenthal & Rosenthal, Inc. v. Benun, 226 N.J. 41 (2016).  A future advance mortgage, in broad outline, is a mortgage that secures a loan that is made in stages, rather than all at once.  This case called on the Supreme ...

In re Revocation or Suspension of Provisional Accreditation of Eastwick College LPN-to-RN Bridge Program, 225 N.J. 533 (2016).  As Justice Patterson reminded us in her opinion in this case today, an administrative agency’s interpretation of its own regulations receives deference ...

The Supreme Court announced yesterday that it has granted certification in Oxford Realty Group Cedar v. Travelers Excess & Surplus Lines Co.  The question presented, as framed by the Supreme Court Clerk’s office, is “Under the terms of this insurance ...

Schwartz v. Accuratus Corp., 225 N.J. 517 (2016).  A “take-home toxic tort” is very different than a take-home final examination or take-out foods.  It refers to a cause of action that arises when an employee works with toxic materials and ...

Globe Motor Co. v. Igdalev, 225 N.J. 469 (2016).  One of the fundamental principles of summary judgment jurisprudence is that a court cannot grant summary judgment when there are genuine disputes of material fact.  In evaluating whether such issues exist, ...