McRae v. New Jersey Transit Bus Operations, Inc., 2016 N.J. Super. Unpub. LEXIS 1598 (App. Div. July 8, 2016).  Appellate advocates like to write in ways that make an impact.  But sometimes they can go too far.  In today’s non-precedential, ...

Mortgage Grader, Inc. v. Ward & Olivo, LLP, 225 N.J. 423 (2016).  Justice Fernandez-Vina issued an opinion in this legal malpractice appeal today, his first opinion in quite some time, due to his illness. It is good that he is ...

In each of the last two days, the Supreme Court issued unanimous opinions involving the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -42 (“LAD”).  Yesterday, in Smith v. Millville Rescue Squad, 225 N.J. 373 (2016), the Court ruled that ...

Roberts v. Ferman, 826 F.3d 117 (3d Cir. 2016).  Federal Rule of Appellate Procedure 10(c)  deals with the circumstance in which a transcript of a District Court hearing or trial is unavailable.  In such a case, the appellant “may prepare ...

State v. Bueso, 225 N.J. 193 (2016).  Today, the Supreme Court addressed the issue of how a trial court should evaluate the competency of a child witness to testify.  The child in question, M.C., was a seven-year old girl who ...

Torres v. Pabon, 225 N.J. 167 (2016).  As Justice Patterson explained in her decision today for a unanimous Supreme Court, “cumulative error” exists when “the aggregate effect of a series of errors” deprives a party of a fair trial.  In ...

State Nat’l Ins. Co. v. County of Camden, 824 F.3d 399 (3d Cir. 2016).  The case underlying today’s 2-1 decision involved claims of legal malpractice.  The procedural history was a tortuous one.  Ultimately, applying a “strict” view of a number ...

In re Estate of Byung-Tae Oh, 445 N.J. Super. 402 (App. Div. 2016).  In 2001, the decedent in this estate matter, Byung-Tae Oh, at all times a citizen of South Korea, wired $900,000 of his money into the business account ...

Sackman v. New Jersey Manufacturers Ins. Co., 445 N.J. Super. 278 (App. Div. 2016).  [Disclosure:  I represent New Jersey Manufacturers in certain litigation, but not in this case].  This opinion, issued today, involved an underinsured motorist claim against an insurance ...

Robertelli v. New Jersey Office of Attorney Ethics, 224 N.J. 470 (2016).  As today’s decision by Chief Justice Rabner describes in exquisite detail, the Supreme Court has established two different bodies to regulate attorneys:  the District Ethics Committees (“DECs”) and ...