Lombardi v. Masso, 207 N.J. 517 (2011). In this case, a Law Division judge granted summary judgment to certain defendants. The judge then denied plaintiff’s motion for reconsideration. Another defendant had defaulted. After hearing the evidence against that defendant at a proof ...
In re Mushroom Direct Purchaser Antitrust Litig., 655 F.3d 158 (3d Cir. 2011). Under Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949), certain rulings that are not final may be appealed immediately nonetheless. This is the “collateral order doctrine.” There are ...
Smith v. JCP&L, 421 N.J. Super. 374 (App. Div. 2011). This opinion, authored by Judge Skillman, addresses a number of interesting issues involving inverse condemnation, nuisance, and other things. From an appellate practice perspective, however, the case is of interest because it ...
On June 20, Assemblymen Gary Chiusano (R-24th Dist.) and John Wisniewski (D-19th Dist.) introduced Assembly Bill 4135. That legislation would make appealable to the Appellate Division as of right, instead of on an interlocutory basis, any court decision that grants or denies class certification ...
Ott v. Guardian Protective Services, Inc.., 2011 WL 2297783 (App. Div. May 24, 2011). Final orders are immediately appealable, while interlocutory orders, which do not conclusively resolve all issues as to all parties, are interlocutory and not appealable without leave. In this case, a per ...
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 ...