Badiali v. New Jersey Manufacturers Ins. Group., 429 N.J. Super. 121 (App. Div. 2012). As Judge Fisher noted at the start of his opinion, the Appellate Division previously ruled, in a case involving these same parties (“Badiali I“), that New Jersey Manufacturers ...
As of March 16, Judge Carchman reaches mandatory retirement age. With Judge Carchman’s consent, Chief Justice Rabner has issued an order recalling him to service on Part F of the Appellate Division through August 31, 2012. In a separate order, ...
Grow Company, Inc. v. Chokshi, 424 N.J. Super. 357 (App. Div. 2012). This is yet another in what seems to be an endless stream of appeals of awards of attorneys’ fees. That stream flows despite the Supreme Court’s admonition in several cases, ...
CTC Demolition Co., Inc. v. GMH AETC Management, 424 N.J. Super. 1 (App. Div. 2012). The “first-filed” rule of comity says that, as a general notion, the court that first acquires jurisdiction over a matter takes precedence over another court that acquires jurisdiction ...
Emma v. Evans, 424 N.J. Super. 36 (App. Div. 2012). The title of this post is, unsurprisingly, not my own creation. It is the first line of this opinion by Judge Fisher, who borrowed it (with appropriate citation, of course) from Shakespeare. ...
Cambria v. Two JFK Blvd, LLC, 423 N.J. Super. 499 (App. Div. 2012). Plaintiff was injured when he fell in the parking lot of a strip mall owned by defendant Two JFK Blvd, LLC. Plaintiff sued that landlord, as well as a ...
Mahwah Realty Associates, Inc. v. Mahwah Tp.., 420 N.J. Super. 341 (App. Div. 2011). Out of the lengthy procedural history of this land use matter comes the simple message that statutes are not to be read with excessive literalness where ...
Voellinger v. Dow, 420 N.J. Super. 480 (App. Div. 2011). In this case, the State seized property pursuant to a valid warrant in 1985. Not until 2007, when the property became potentially relevant to another litigation, did the property owner seek the return ...
Orner v. Liu, 419 N.J. Super. 431 (App. Div. 2011). This case involved a motion under several sections of Rule 4:50-1 for relief from a judgment. Defendants, the movants, waited until one day less than one year from the entry of the ...
RAB Performance Recoveries, LLC v. George, 419 N.J. Super. 81 (App. Div. 2011), and Cowger v. Cherry Hill Mitsubishi, Inc., 2011 WL 848133 (App. Div. March 14, 2011). The Appellate Division recently made two pro-consumer decisions. In RAB, a published opinion written by Judge Reisner, ...