The Supreme Court of New Jersey has adopted changes to two appellate rules. Both changes will go into effect on September 1, 2011. First, the list of judgments deemed to be final under Rule 2:2-3 now includes orders on preliminary ...
Luchejko v. City of Hoboken, 207 N.J. 191 (2011). Sidewalk liability cases have bedeviled our Supreme Court for many years. In Stewart v. 104 Wallace Street, Inc., 87 N.J. 146 (1981), the Court jettisoned the longstanding rule that property owners could ...
On this date in 1982, the Supreme Court of New Jersey decided two of the landmark separation of powers cases in New Jersey jurisprudence. The first case was General Assembly v. Byrne, 90 N.J. 376 (1982). There, the Court ruled unanimously ...
Rules 2:12A-1 et seq. provide a procedure under which the Third Circuit Court of Appeals can certify a question of law to the Supreme Court of New Jersey “if the answer may be determinative of an issue in litigation pending ...
On July 8, 1982, the Supreme Court decided Crowe v. DeGioia, 9o N.J. 126 (1982). The case has become the standard authority for the criteria for issuing preliminary injunctive relief. But attorneys and judges rarely have occasion to focus on other legal ...
Allen v. V and A Bros., Inc.., 208 N.J. 114 (2011). The New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. (“CFA”), makes liable any “person” who violates the CFA. In this case, a unanimous Supreme Court, speaking through Justice Hoens, held ...
Yesterday, by a 36-0 vote, the Senate rightly confirmed Anne Patterson as a Justice of the Supreme Court of New Jersey. She will assume the seat now held by Justice Rivera-Soto when his term expires in September. ...
Kovalcik v. Somerset County Prosecutor’s Office, 206 N.J. 581 (2011). The Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (“OPRA”), makes “government records,” as broadly defined in OPRA, generally accessible. However, the right of access is not unlimited, and OPRA contains various exceptions to disclosure. Among ...
Abouzaid v. Mansard Gardens Associates, LLC, 207 N.J. 67 (2011). The holding of this decision, a unanimous opinion written by Justice Long, is fairly straightforward: an insurer has a duty to defend a claim for negligent infliction of emotional distress if there is ...
Risko v. Thompson Muller Automotive Group, Inc., 206 N.J. 506 (2011). This case came to the Supreme Court because of improper remarks made by plaintiff’s counsel in his trial summation. The case was a slip and fall that caused plaintiff’s ...