As the role of administrative agencies has grown, it has happened that more than one agency has, or arguably has, jurisdiction over the same matter. How is it determined which agency should act? On this date in 1978, the Supreme ...
Qian v. Toll Brothers, Inc., 223 N.J. 124 (2015). In Luchejko v. City of Hoboken, 207 N.J. 191 (2011), discussed here, the Supreme Court ruled that a condominium association was not liable to a person who was injured after falling ...
Department of Children & Families v. E.D.-O., 223 N.J. 166 (2015). Child abuse and neglect cases are often heartbreaking. Branding a parent as abusive and neglectful is a hard step to take, but is sometimes necessary to protect the child. ...
The Supreme Court has published its 2015 Omnibus Rule Amendment Order, which is available here. That Order contains amendments to several dozen Court Rules and appendices, and also adds new rule provisions. All of the new or amended rules are ...
Ross v. Lowitz, 222 N.J. 494 (2015). This case involved damage resulting from the migration of home heating oil from an underground storage tank on one property onto a neighboring property. Plaintiffs, who had a contract to buy the property ...
Gnall v. Gnall, 222 N.J. 414 (2015). N.J.S.A. 2A:14-23(b) lists twelve factors, plus a “catch-all” thirteenth factor, that are to be considered in determining whether to award alimony. One of those factors is “[t]he duration of the marriage or civil ...
There are times when a non-party to a case would like to have his, her, or its views heard by an appellate court. A way to do that is to become an amicus curiae (in English, a friend of the ...
State v. Buckner, 223 N.J. 1 (2015). In one of the biggest cases of the current the Supreme Court term, the Court today upheld the practice of permitting retired judges to serve temporarily on recall. The vote was 5-1. Chief ...
Fernandes v. DAR Development Corp., 222 N.J. 390 (2015). Kane v. Hartz Mountain Industries, Inc., 278 N.J. Super. 129 (App. Div.1994), aff’d o.b., 143 N.J. 141 (1996), ruled that the comparative negligence of an employee who is injured in a ...
Twenty seven years ago today, the Supreme Court decided Waterson v. General Motors Corp., 111 N.J. 238 (1988). Until then, the Court had not spoken about the effect of seat belt usage on principles of contributory or comparative negligence. In ...