Kocanowski v. Bridgewater Tp., 452 N.J. Super. 476 (App. Div. 2017). Plaintiff was a volunteer firefighter in Bridgewater. She slipped on ice while responding to a fire and was injured. She sought temporary disability and medical benefits under workers’ compensation. ...
When Are Federal and State Court Cases “Parallel Proceedings” for Declaratory Judgment Act Purposes?
Kelly v. Maxum Specialty Ins. Group, 868 F.3d 274 (3d Cir. 2017). Judge Chagares began one of the early paragraphs of today’s opinion for the Third Circuit in this Declaratory Judgment Act, 28 U.S.C. §2201-2202 (“DJA”), case this way: “Whether a ...
Ricci v. Ricci, 448 N.J. Super. 546 (App. Div. 2017). As Judge Lihotz observed in the opening sentence of her opinion for the Appellate Division in this case, Newburgh v. Arrigo, 88 N.J. 529 (1982), established the principle that “the ...
HUNY & BH Associates v. Silberberg, 447 N.J. Super. 606 (App. Div. 2016). This 2-1 decision of the Appellate Division, issued today, is a rare published opinion on a motion to dismiss an appeal. Defendant Silberberg filed a motion to ...
S.B. v. Kindercare Learning Centers, LLC, 815 F.3d 150 (3d Cir. 2016). S.B., a four-year old girl, was injured at defendant’s day care center. Her mother sued for negligence, on her own behalf and on behalf of S.B. After the ...
Silviera-Francisco v. Elizabeth Bd. of Educ., 224 N.J. 126 (2016). “Whether a trial court order is final or interlocutory has bedeviled courts and attorneys for decades.” So said Judge Cuff in her opinion for the Court today in this matter, ...
Estate of Grieco v. Schmidt, 440 N.J. Super. 557 (App. Div. 2015). Today’s decision by Judge Fisher is another example of an appellate ruling involving hearsay rules. In this wrongful death case, plaintiffs’ decedent allegedly died as a result of ...
Daniels v. Hollister Co., 440 N.J. Super. 359 (App. Div. 2015). Readers of this blog have gotten their fill (including, most recently, here and here) of discussion and analysis of the notion that there is some sort of “class ascertainability” ...
McMaster v. Eastern Armored Services, Inc., 780 F.3d 167 (3d Cir. 2015). Plaintiff Ashley McMaster was a driver and/or guard (some days she drove, and other days she rode as a passenger to provide security) employed by defendant (“Eastern”), an armored ...
As discussed (perhaps among other places) here, the Appellate Division has long frowned on attempts to file appeals as of right when there is in fact no final judgment on all issues as to all parties. Forty years ago today, the Appellate ...