American Civil Liberties Union of New Jersey v. Hendricks, 233 N.J. 181 (2018). In 2016, in a decision reported at 445 N.J. Super. 452 (App. Div. 2016), and discussed here, the Appellate Division invalidated as unconstitutional grants that the Department ...
Estate of Doerfler v. Federal Ins. Co., 454 N.J. Super. 298 (App. Div. 2018). This opinion by Judge Fuentes today is one of the shortest published opinions of the Appellate Division. It deals with breach of contract and bad faith ...
New Jersey Department of Children & Families v. E.L., 454 N.J. Super. 10 (App. Div. 2018). Courts often give public entity parties more leeway in complying with rules, court orders, and the like than private parties are given. Sometimes Court ...
State of New Jersey in the Interest of N.P., 453 N.J. Super. 480 (App. Div. 2018). This decision by Judge Messano addresses four appeals involving seven different juveniles. The broad issue presented was “whether a juvenile complaint charging a crime ...
Baez v. Paulo, 453 N.J. Super. 422 (App. Div. 2018). This was a medical malpractice/wrongful death case. The Law Division had precluded plaintiff from adding three doctors as defendants after the statute of limitations had expired, ruling that plaintiff had ...
Last week, the Supreme Court announced that it had granted certification in five more cases. Three of them are criminal appeals, one involves additur after a jury verdict, and one implicates the entire controversy doctrine. The question presented in State ...
Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts in recent weeks. Here is a belated, and far from ...
Foreclosure Defendant May Not Fail to Pursue a Germane Defense and Then Sue for Fraud by Foreclosure
Adelman v. BSI Fin. Services, 453 N.J. Super. 31 (App. Div. 2018). This case, which was the subject of Judge Koblitz’s decision today, arose out of a foreclosure action. Plaintiff, the defendant in the foreclosure case, belatedly (after the sheriff’s ...
A.T v. M. Cohen, M.D., 231 N.J. 237 (2017). “This was an appeal as of right in a medical malpractice case in which plaintiff was a minor. Due to counsel’s oversight, plaintiff failed to file an affidavit of merit within ...
Thabo v. Z Transportation, 452 N.J. Super. 359 (App. Div. 2017). Under Rule 4:23-5, failure to make discovery can, in certain circumstances, result in dismissal of a complaint with prejudice. But Rule 4:23-5 contains “strict notice requirements” that embody “due ...