Division of Youth & Family Services v. M.D., 417 N.J. Super. 583 (App. Div. 2011). This lengthy opinion by Judge Messano focuses on what information counsel must provide to a defendant who stipulates to a finding of abuse and/or neglect of a ...
Resman v. Resman, 2010 WL 4940039 (App. Div. Dec. 7, 2010). In this case, which involved post-judgment motions in a matrimonial matter, the Presiding Family Part Judge had handled at least three prior post-judgment motions. That judge warned the plaintiff ...
West Penn Allegheny Health System, Inc. v. UPMC, 627 F.3d 85 (3d Cir. 2010). The standards for a motion to dismiss for failure to state a claim under New Jersey’s Rule 4:6-2(e) make it very difficult for such motions to succeed. See, e.g., ...
Kizima v. Bartone, 2010 WL 4721201 (App. Div. Nov. 23, 2010). This brief decision recounts that the plaintiffs had failed to respond to discovery, and the trial court dismissed their case without prejudice as a result. The plaintiffs then sought ...
Muracco v. Township of Washington, 2010 WL 5376867 (App. Div. Nov. 16, 2010). Courts have repeatedly made clear that documents cannot be attached to a brief, but must be appended to a certification or affidavit made on personal knowledge, in ...
Lucante v. Lucante, 2010 WL 4570211 (App. Div. Nov. 15, 2010). This opinion contains a lengthy discussion of the concept of abuse of discretion. There are a number of useful citations regarding that concept. The court also found it necessary ...
Washington Commons, LLC v. City of Jersey City, 416 N.J. Super. 555 (App. Div. 2010). Where two prior lawsuits between the parties were already finally concluded, and no case was currently pending, a city could not enforce a condition on ...
Abulkhair v. Liberty Mut. Ins. Co., 2010 WL 4226222 (App. Div. Oct. 27, 2010). Here, a party’s notice of motion in the Law Division requested oral argument only if there was opposition to the motion, a fairly standard form of ...
Fletcher v. Camden County Prosecutor’s Office, 2010 WL 4226150 (App. Div. Oct. 27, 2010). In this appeal from a summary judgment, the Appellate Division questioned whether the appellate record was the same as the motion record below. Somewhat unhappily, the ...
Hillcrest Garden, Inc. v. Victorian Florist, Inc., 2010 WL 4137191 (App. Div. Oct. 22, 2010). In this credit contract appeal, the agreement provided for “reasonable attorneys’ fees of 25% of the unpaid balance due” if suit had to be brought ...