There are many, many decisions, including this published ruling by Judge Lihotz, that implement the directive of Rule 1:7-4 that a trial judge “shall, by an opinion or memorandum decision, either written or oral, find the facts and state its conclusions ...
Most judges dislike briefs that assert that an adversary’s legal argument is “ridiculous,” “absurd,” “preposterous,” or the like. Judges often say that a statement that an opposing position is “without merit” or some other less charged verbiage suffices to convey ...
Hedden v. Kean University, 434 N.J. Super. 1 (App. Div. 2013). This interlocutory appeal, which resulted in a 2-1 decision by the Appellate Division, involved issues of attorney-client privilege. In an opinion by Judge Parrillo, joined by Judge Harris, the majority reversed ...
Lippman v. Ethicon, Inc., 432 N.J. Super. 378 (App. Div. 2013). Today’s opinion under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8 (“CEPA”), written by Judge Fuentes, reversed a summary judgment in favor of the defendant employer. Relying in part ...
Kaye v. Rosefielde, 432 N.J. Super. 421 (App. Div. 2013). This first post of the 2013-2014 Term focuses on the longest published decision issued by the Appellate Division in the just-ended 2012-2013 Term. The opinion, written by Judge Fuentes and issued on ...
Here is another guest post from Jeffrey A. Shooman, who was then my colleague at Lite DePalma Greenberg, LLC, on an important criminal law decision of the Third Circuit: United States v. Davis, 726F.3d 434 (3d Cir. 2013). The admission ...
State v. Morgan, 217 N.J. 1 (2013). In State v. Morgan, 423 N.J. Super. 453 (App. Div. 2011), discussed here, the Appellate Division found no bar to a trial judge allowing jurors to take written jury instructions home with them ...
Oyola v. Liu, 431 N.J. Super. 493 (App. Div. 2013). The main thrust of this opinion by Judge Alvarez was to affirm a decision of the Law Division that granted summary judgment in favor of plaintiffs and against the New Jersey Property-Liability ...
Sipko v. Koger, Inc., 214 N.J. 364 (2013). Sometimes, it is not clear why the Supreme Court grants review. When the Court granted certification in this case, which involved a dispute among family members relating to close corporations, the issue presented, as ...
JB Pool Management, LLC v. Four Seasons at Smithville Homeowners Ass’n, Inc., 431 N.J. Super. 233 (App. Div. 2013). Plaintiff, a pool management company, contracted with defendant condominium association to supply lifeguards and maintenance service for the association’s indoor pool. During the ...