State v. N.T., ___ N.J. Super. ___ (App. Div. 2019). While at the beach with her three year-old son, N.T. became intoxicated. Having gone into the water with her son up to his knees, N.T.’s intoxication prevented her from swimming, ...
Pisack v. B&C Towing, Inc., 455 N.J. Super. 225 (App. Div. 2018). This decision by Judge Gilson today in three consolidated appeals implicates the Predatory Towing Prevention Act, N.J.S.A. 56:13-7 et seq. (“Towing Act”), the Consumer Fraud Act, N.J.S.A. 56:8-1 ...
In re Estate of Michael D. Fisher, II, 443 N.J. Super. 180 (App. Div. 2015). Under N.J.S.A. 3B:5-4(b), when a person dies with no spouse or children, the person’s parents each share equally in the decedent’s intestate estate. A parent ...
Morillo v. Monmouth County Sheriff’s Officers, 222 N.J. 104 (2015). It has long been the case, especially under the federal Civil Rights Act, 42 U.S.C. §1983, that law enforcement officers get broad protection by virtue of the doctrine of qualified ...
In re Petition of BofI Federal Bank to Assign Lottery Prize Payment Rights, 437 N.J. Super. 549 (App. Div. 2014). These consolidated cases called on the Appellate Division to decide whether N.J.A.C. 17:20-7.9(j), which states that “no one shall have the ...
State v. Carreon, 437 N.J. Super. 81 (App. Div. 2014). Courts often say that statutes are “inartfully drafted,” or the like. This opinion that Judge Accurso issued today, however, goes further. In addressing the penalty provisions of N.J.S.A. 39:3-10, which deals ...
Perez v. Zagami, LLC, 218 N.J. 202 (2014), and Cottrell v. Zagami, LLC, 218 N.J. 217 (2014). In these two cases, the Supreme Court addressed the question of whether the New Jersey Civil Rights Act, N.J.S.A. 10:6-2(c) (“CRA”), permits a ...
Having agreed to review on an emergent basis an attack on Governor Christie’s decision to schedule a special primary in August and a general election in October to fill the United States Senate seat that had been held by Senator ...
Cologna v. Board of Trustees, Police & Firemen’s Retirement Syst., 430 N.J. Super. 362 (App. Div. 2013). By statute, a former member of the Police and Firemen’s Retirement System (“PFRS”) normally has two years to resume employment and reinstitute membership in the PFRS. N.J.S.A. ...
Mahwah Realty Associates, Inc. v. Mahwah Tp., 430 N.J. Super. 247 (App. Div. 2013). This case, in which plaintiffs sought to block development of a health club, has been back and forth to the Appellate Division several times. This round of proceedings involved a ...