Due to a major of my own in a mass tort case on Tuesday of this week, I missed the announcement that five trial level judges are receiving additional temporary assignments to the Appellate Division. The Appellate Division anticipates some ...
McCarrell v. Hoffman-LaRoche, Inc., 227 N.J. 569 (2017). Justice Albin’s opinion for a unanimous (6-0, with Justice Patterson not participating) Court today referred to “our evolving choice-of-law jurisprudence.” Today’s opinion, which adopted the test of the Restatement (Second) of Conflict ...
Judge Carol E. Higbee, who has been an Appellate Division judge for two years and, before that, a trial level judge in Atlantic County for 21 years, died on January 3 at age 66. After a judicial clerkship in Atlantic ...
This morning, the Supreme Court announced that it will review five more cases. Three of those are criminal cases, one is an insurance coverage case, and one is a constitutional law matter that is likely to be one of the ...
Tagayun v. AmeriChoice of New Jersey, Inc., 446 N.J. Super. 570 (App. Div. 2016). As Judge Higbee noted in her opinion for the Appellate Division today, Rule 1:4-8 or N.J.S.A. 2A:15-59.1, which afford sanctions for frivolous litigation, “must both be ...
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 ...
Chief Justice Rabner announced today that Judges Higbee, Manahan, and Sumners will move to the Appellate Division effective on August 1. All three had been temporarily assigned to the Appellate Division earlier this year, so today’s announcement does not come as a ...
Casal v. Hyundai Motor America, 436 N.J. Super. 296 (App. Div. 2014). In this case under the Lemon Law, N.J.S.A. 56:12-32(a)(1), which includes a fee-shifting provision for successful claimants, the issue on appeal related to attorneys’ fees. As Judge Higbee ...