Division of Youth & Family Servs. v. A.L., 213 N.J. 1 (2013). When A.L. was admitted to the hospital to give birth to her son, A.D., she tested positive for cocaine. The hospital tested A.D.’s urine two hours after his birth, and ...
Jersey Central Power & Light Co. v. Melcar Utility Co., 212 N.J. 576 (2013). Article I, paragraph 9 of the New Jersey Constitution provides that “the right to trial by jury shall remain inviolate.” In civil cases, jury trials are available only ...
Prime Accounting Dep’t v. Carney’s Point Tp., 212 N.J. 403 (2013). This tax appeal case came about because the defendant municipality’s tax assessment list showed plaintiff as the owner of the subject property when in fact plaintiff had merely processed taxes on ...
On this date in 2005, the Supreme Court of New Jersey began to provide live webcasts of its oral arguments. The very first case argued, NCP Litigation Trust v. KPMG LLP, 187 N.J. 353 (2006), was one in which I ...
This first post of 2013 discusses a fundamental principle of appellate review: “our appellate courts will decline to consider questions or issues not properly presented to the trial court when an opportunity for such a presentation is available ‘unless the ...
As reported here, the Supreme Court of New Jersey previously granted review of Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011), a putative consumer class action case . The Appellate Division’s decision that was to be reviewed ...
The Supreme Court announced this morning that it has granted certification in Beim v. Hulfish, 427 N.J. Super. 560 (App. Div. 2012). The decision of the Appellate Division was discussed here. The question presented, as phrased by the Supreme Court Clerk’s Office, ...
Governor Christie announced today that he was nominating Robert Hanna and Judge David Bauman to fill the two Supreme Court seats now occupied by temporarily-assigned judges of the Appellate Division. Hanna, whom the Governor announced is a political independent, is ...
Nitro-Lift Technologies, LLC v. Howard, 133 S.Ct. 500 (2012). In a line of cases that includes Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395 (1967), and Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440 (2006), the Supreme ...
Rarer Than a Purple Cow: Denial of Certification, Reconsideration, and Then a Grant of Certification
On this date in 1991, a rarity occurred. In Perini Corp. v. Greate Bay Hotel & Casino, Inc., 127 N.J. 546 (1991), the Supreme Court had denied both a petition and a cross-petition for certification. Reconsideration was sought, and the ...