Royal Tax Lien Services, LLC v. Shuaib, 2017 WL 1955269 (App. Div. May 11, 2017). Rule 2:10-5 authorizes an appellate court to exercise “such original jurisdiction as is necessary to the complete determination of any matter on review.” In comparison ...
On this date in 2003, the Appellate Division decided Seacoast Builders Corp. v. Rutgers, 358 N.J. Super. 524 (App. Div. 2003). This was a relatively rare case in which the Appellate Division exercised original jurisdiction under Rule 2:10-5 to decide ...
175 Executive House, LLC v. Miles, 449 N.J. Super. 197 (App. Div. 2017). A tenant who receives a rent subsidy under the federal “Section 8” voucher program, 42 U.S.C. §1437 to 1437z-9, cannot be evicted for non-payment of amounts not defined ...
Noren v. Heartland Payment Systems, Inc., 449 N.J. Super. 193 (App. Div. 2017). On February 6, 2017, the Appellate Division issued a published opinion in this case, which was discussed here. In that opinion, the panel dismissed defendant’s cross-appeal from ...
Today, the Supreme Court announced an amendment to Rule 1:21-3(b). That rule has, until now, permitted third-year law students at ABA-approved law schools to appear before trial courts or agencies in conjunction with a legal services or public interest organization ...
Serico v. Rothberg, 448 N.J. Super. 604 (App. Div. 2017). In this medical malpractice case, plaintiff and defendant entered into a “high-low” agreement while awaiting a jury verdict. As Judge Rothstadt noted in his opinion in this case today, such ...
Ricci v. Ricci, 448 N.J. Super. 546 (App. Div. 2017). As Judge Lihotz observed in the opening sentence of her opinion for the Appellate Division in this case, Newburgh v. Arrigo, 88 N.J. 529 (1982), established the principle that “the ...
Noren v. Heartland Payment Systems, Inc., 448 N.J. Super. 486 (App. Div. 2017). In Abbamont v. Piscataway Tp. Bd. of Educ., 238 N.J. Super. 603 (App. Div. 1990), aff’d, 138 N.J. 405 (1994), the Appellate Division ruled that there was ...
Moeck v. Pleasant Valley School District, 844 F.3d 387 (3d Cir. 2016). Motions for sanctions under Federal Rule of Civil Procedure 11 are not favored because, as Judge Shwartz pointed out in her opinion in this case today, Rule 11 ...
This morning, the Supreme Court published a notice to the Bar, available here, regarding a new Court Rule that addresses review by the Court of Appellate Division rulings regarding pretrial detention. That rule, Rule 2:9-14, was adopted on December 6 ...