Polzo v. County of Essex, 209 N.J. 151 (2012). Plaintiff’s wife was riding with other bicyclists on the shoulder of an Essex County road. She rode over a 1-1/4″ depression (a dip in the road with no break in the road’s surface, unlike ...
Selective Ins. Co. v. Rothman, 208 N.J. 580 (2012). The issue in this case, which arose out of the plaintiff insurance company’s denial of personal injury protection (“PIP”) claims for payment of bills for an electrodiagnostic test known as needle electromyography (“EMG”), ...
The Supreme Court announced today that it has granted certification in Willingboro Mall, Ltd. v. 240/242 Franklin Avenue, LLC, 421 N.J. Super. 445 (App. Div. 2011). The decision of the Appellate Division is discussed here. The question in the case, as stated ...
One of the saddest days for the judicial system is the day that the Supreme Court finds it necessary to remove a judge from his or her judicial office in order to protect the public and the integrity of the ...
McDade v. Siazon, 208 N.J. 463 (2011). Under the Tort Claims Act, N.J.S.A. 59:8-8(a), one who wishes to make a tort claim against a public entity must first file a notice of claim within ninety days of the accrual of the cause ...
The Supreme Court has granted a petition for certification to review the decision of the Appellate Division in NAACP of Camden County East v. Foulke Mgmt. Corp., 421 N.J. Super. 404 (App. Div. 2011). The decision of the Appellate Division ...
State v. Regis, 208 N.J. 439 (2011). It did not take long for Justice Patterson to write her first opinion for the Supreme Court. As is usually the case with the first opinion of any new Justice, the case was not unusually ...
Most New Jersey lawyers know that Brill v. Guardian Life Ins. Co., 142 N.J. 520 (1995), is the seminal case that states the standards for summary judgment. But what did lawyers cite on this subject before 1995? The answer is Judson v. ...
The Supreme Court of New Jersey has historically been willing to adopt the views of the American Law Institute, as stated in its various Restatements of the Law, including, in particular, the Restatement (Second) of Trusts. E.g., McKelvey v. Pierce, 173 ...
In Nostrame v. Santiago, 420 N.J. Super. 427 (App. Div. 2011), discussed here, the Appellate Division held that an attorney whose client replaced him with another attorney could not sue the new attorney for tortious interference. The Supreme Court has ...