Davis v. Devereux Foundation, 209 N.J. 269 (2012). Under the Restatement of Agency (Second), §219(2)(c), when one has a duty to protect others and delegates that duty to an agent, such as an employee, the employer can be liable for the employee’s failure to ...
Today, February 29, 2012, was Justice Long’s last day on the Supreme Court. She turns 70 years of age tomorrow and, thus, she has reached mandatory retirement age. Justice Long’s career has been a singularly diverse one. Prior to her years ...
Kendall v. Hoffman-LaRoche, Inc.., 209 N.J. 173 (2012). In this case, the 5-1 majority opinion by Justice Long offers a comprehensive tutorial about New Jersey’s “discovery rule,” which mitigates the strict statute of limitations in various circumstances. But the main issue in ...
On this date in 1986, the Supreme Court decided Hills Dev. Co v. Bernards Tp., 103 N.J. 1 (1986). At the time, it was one of the Court’s most important decisions, both in terms of land use law and in ...
American Dream at Marlboro, LLC v. Marlboro Tp. Planning Bd., 209 N.J. 161 (2012). This per curiam opinion addresses the issue of when a deed restriction imposed by a planning board can be eliminated. The parties agreed that planning boards lack the ...
Rowe v. Mazel Thirty, LLC, 209 N.J. 35 (2012). Plaintiff was a police officer whose duties in a “Safe Streets” program included checking vacant apartment buildings for drugs or other illicit activity. Plaintiff was going down a flight of stairs to ensure that a basement door to ...
Today, the Supreme Court announced that it had granted certification to review the Appellate Division’s decision in Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011). The question in the case, as phrased by the Clerk’s Office, ...
Today, I had the pleasure of arguing an important case involving choice of law, statute of limitations, and federal preemption issues before the Court. But only one Justice, Justice Lavecchia, was present. The Chief Justice and Justices Long, Albin, Hoens ...
Walker v. Giuffre, 209 N.J. 124 (2012). In Walker and Humphries v. Powder Mill Shopping Plaza, two different Appellate Division panels had each ruled that restrictive principles governing attorneys’ fee awards under federal fee-shifting statutes, as expressed in Perdue v. Kenny A., ___ U.S. ___, 130 ...
Yesterday, Governor Christie announced his nominations to fill the Supreme Court seat that had been occupied by Justice Wallace and the seat the Justice Long will soon vacate as she turns 70. The Senate had agreed to consider a nominee to ...