Mortgage Grader, Inc. v. Ward & Olivo, LLP, 225 N.J. 423 (2016). Justice Fernandez-Vina issued an opinion in this legal malpractice appeal today, his first opinion in quite some time, due to his illness. It is good that he is ...
In each of the last two days, the Supreme Court issued unanimous opinions involving the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -42 (“LAD”). Yesterday, in Smith v. Millville Rescue Squad, 225 N.J. 373 (2016), the Court ruled that ...
Rodriguez v. Raymours Furniture Co., Inc., 225 N.J. 343 (2016). Plaintiff became employed by defendant, who is better known to the public as Raymour & Flanigan. The employment application that he signed contained a clause that said “I agree that ...
Berg v. Christie, 225 N.J. 245 (2016). Today’s decision in this closely-watched case shows once again the importance of the standard of review applied. In a 6-1 decision by Justice LaVecchia, the Court held that cost of living increases (“COLAs”) ...
The Supreme Court announced that it has granted leave to appeal in two cases. The first, Verry v. Franklin Fire Dist. No. 1, involves the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. The question presented there, as phrased by ...
State v. Bueso, 225 N.J. 193 (2016). Today, the Supreme Court addressed the issue of how a trial court should evaluate the competency of a child witness to testify. The child in question, M.C., was a seven-year old girl who ...
The Supreme Court announced that there will be a public swearing-in ceremony for Justice Timpone today at 5 P.M. The ceremony will take place in the atrium of the Seton Hall University School of Law. At that time, Chief Justice ...
Torres v. Pabon, 225 N.J. 167 (2016). As Justice Patterson explained in her decision today for a unanimous Supreme Court, “cumulative error” exists when “the aggregate effect of a series of errors” deprives a party of a fair trial. In ...
Thiry years ago today, the Supreme Court decided Continental Trailways, Inc. v. Director, Div. of Motor Vehicles, 102 N.J. 526 (1986). Trailways, a large bus company, sued to declare New Jersey’s Bus Excise Tax, N.J.S.A. 48:4-20, unconstitutional as unlawfully discriminating against ...
American Civil Liberties Union of New Jersey v. Hendricks, 445 N.J. Super. 452 (App. Div. 2016). In 1978, the Supreme Court decided Resnick v. East Brunswick Bd. of Educ., 77 N.J. 88 (1978). That case found it unconstitutional for public ...