On this date in 2008, the Supreme Court of New Jersey decided Wein v. Morris, 194 N.J. 364 (2008). That case involved an order dismissing a lawsuit and directing that the matter be arbitrated pursuant to an arbitration agreement between the ...
On April Fool’s Day, 1968, the Supreme Court of New Jersey decided McLaughlin v. Bassing, 51 N.J. 410 (1968). In a one-sentence ruling, the Court reversed the Appellate Division’s dismissal of a personal injury complaint, 100 N.J. Super. 67 (App. ...
The Supreme Court has amended Rule 1:13-9, which deals with amici curiae. The amendment provides that where the Supreme Court or the Appellate Division has directed the parties to submit briefs on an “accelerated” schedule, “an amicus curiae shall file ...
Vas v. Roberts, 418 N.J. Super. 509 (App. Div. 2011). Former Assemblyman Joseph Vas was indicted while in office for crimes of public corruption. In response to those indictments, then Assembly Speaker Joseph Roberts, Jr. suspended Vas’s Assembly salary and benefits. Vas ...
Investors Savings Bank v. Waldo Jersey City LLP, 418 N.J. Super. 149 (App. Div. 2011). A loan agreement provided that all documents relating to the loan were legal, valid, binding and enforceable, and “free from any right of setoff, counterclaim or other defense.” Plaintiff, ...
Allstate New Jersey Ins. Co. v. Neurology Pain Associates, 418 N.J. Super. 246 (App. Div. 2011). The Automobile Insurance Cost Reduction Act (“AICRA”) changed the way personal injury protection (“PIP”) benefit arbitrations are handled under the No Fault Act, N.J.S.A. 39:6A-1 to ...
Wells Fargo Bank, N.A. v. Ford, 418 N.J. Super. 592 (App. Div. 2011). The question of whether foreclosing mortgagees have the proper proofs to support their cases has been all over the news lately. Now, in an opinion by Judge Skillman, the Appellate ...
Marrero v. Feintuch, 418 N.J. Super. 48 (App. Div. 2011). Numerous cases say that in New Jersey state courts, pretrial discovery in civil cases is very broad. This case reiterates that principle in the context of a legal malpractice claim by a ...
Taylor v. Community Medical Center, 2011 WL 181370 (App. Div. Jan. 21, 2011). This was an appeal by a plaintiff in a medical malpractice matter. Her complaint was dismissed for failure to comply with the Affidavit of Merit statute, N.J.S.A. ...
Nead v. Union Cty. Educ. Servs. Comm’n, 2011 WL 166205 (App. Div. Jan. 20, 2011). This case, which resulted in a reversal of a trial court’s decision to dismiss an employment discrimination case, teaches several things about motions for reconsideration. First, the decision clarifies that motions ...