State v. Morgan, 423 N.J. Super. 453 (App. Div. 2011). Rule 1:8-8(a) states that a trial court, “in its discretion, may submit a copy of all or part of its instructions to the jury for its consideration in the jury room.” In ...
K.L. v. Evesham Tp. Bd. of Educ., 423 N.J. Super. 337 (App. Div. 2011). There are not many published appellate cases in New Jersey that discuss in any detail the attorney-client privilege or the work product doctrine. Though this opinion, written by ...
State v. Yough, 208 N.J. 385 (2011). The main focus of this opinion by Justice Albin was whether the Law Division abused its discretion in declining to grant a mistrial when a key witness gave different testimony than expected. By a 5-0 ...
The Supreme Court’s grant last Thursday of direct certification of the judges’ pension case, DePascale v. New Jersey, has generated some controversy. Governor Christie, for example, criticized the Court for preempting Appellate Division review. Direct certification is not a usual procedure. It is authorized ...
Often overlooked is the fact that the Supreme Court of New Jersey is more than just the court of last resort for state court appeals. Under Article VI, section 2, paragraph 3 of the New Jersey Constitution, the Court has ...
Barna v. Maldonado, 2011 WL 5244968 (App. Div. Nov. 4, 2011). The two appellants, who were plaintiffs in this case, appeared pro se. In the Law Division, they had won a jury verdict of $1,050 in their dispute with their neighbor, defendant Maldonado, ...
Albrecht v. Correctional Medical Services, 422 N.J. Super. 265 (App. Div. 2011). The Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29, makes the submission of an affidavit that a suit has merit a prerequisite to a case against a “licensed person in his profession ...
Raspavolo v. New Jersey State Police, 2011 WL 2848475 (App. Div. Sept. 20, 2011). Plaintiff appealed the January 22, 2010 denial of his motion to vacate a previously entered dismissal of his complaint for failure to state a claim. In an ...
Jatczyszyn v. Marcal Paper Mills, Inc., ___ N.J. Super. ___ (App. Div. 2011). The key issue in this case involves how to calculate the discovery period permitted by the Court Rules in a circumstance where the case was removed to federal court by the defendant ...
O’Boyle v. District I Ethics Committee, 421 N.J. Super. 457 (App. Div. 2011). Judge Axelrad’s opinion in this case begins as follows: “Rule 1:20-3(h) provides that in cases where a grievance that was found by the district ethics committee to allege unethical behavior ...