Tag: Judge Clarkson Fisher

To Resolve an Arbitrability Dispute, Cut the Complaint in Two, the Appellate Division Says

Greenbriar Oceanaire Community Ass’n, Inc. v. U.S. Home Corp., 452 N.J. Super. 340 (App. Div. 2017).  [Disclosure:  I represent U.S. Home, though not in this case].  In today’s decision in this appeal, which involved a dispute over which claims asserted ...

Last-Minute Motions in Limine Cannot Properly be Used Instead of Properly Noticed Dispositive Motions

L.C. v. M.A.J., 451 N.J. Super. 408 (App. Div. 2017).  In Cho v. Trinitas Regional Medical Center, 443 N.J.  Super. 461 (App. Div. 2016), discussed here, Judge Espinosa wrote an opinion that stated emphatically that a motion in limine right ...

Appellate Court’s View That Merits of a Case Are Weak Does Not Justify Abandoning Deferential Standard of Review of Trial Level Discovery Rulings

Capital Health System, Inc. v. Horizon Healthcare Services, Inc., 230 N.J. 73 (2017).  These two consolidated cases involved rulings on discovery disputes, a subject that rarely reaches the Supreme Court.  Four Justices did not participate, so the Court deciding this ...

The General Assignment Order for 2017-18

Today, the 2017-18 General Assignment Order issued by Chief Justice Rabner was published.  It is available here. Judge Messano continues as Presiding Judge for Administration, and Judge Sabatino remains the Deputy Presiding Judge for Administration.  The Presiding Judges of the ...

Plaintiffs’ Creative Arguments Did Not Overcome the Language of Insurance Policies That Precluded Coverage

Gil v. Clara Maass Medical Center, 450 N.J. Super. 368 (App. Div. 2017).  This was a medical malpractice case.  The appeal, however, resulted from the Law Division’s grant of summary judgment in favor of certain insurers, which threw out plaintiff’s ...

Judge Fisher and a “Leviathan of a Case”

Fairfax Financial Holdings Limited v. SAC Capital Management, LLC, 450 N.J. Super. 1 (App. Div. 2017).  Judge Fisher often is able to write remarkably concise opinions, as shown (for example) here and here.  In this appeal, however, Judge Fisher set the ...

The Requirement to Submit All Items From Below on Summary Judgment Appeals Applies Whether Summary Judgment Was Granted or Denied

Noren v. Heartland Payment Systems, Inc., 449 N.J. Super. 193 (App. Div. 2017).  On February 6, 2017, the Appellate Division issued a published opinion in this case, which was discussed here.  In that opinion, the panel dismissed defendant’s cross-appeal from ...

Equity Affirms an Inventive Solution to an Environmental Dilemma

Matejek v. Watson, 449 N.J. Super. 179 (App. Div. 2017).  Sometimes, judicial opinions do not require the citation of many cases in order to reach their result.  That can be most true in cases involving Chancery issues, where inventive solutions ...

Comparative Negligence of John Doe Defendant is Generally to be Considered in Apportioning Damages

Krzykalski v. Tindall, 448 N.J. Super. 1 (App. Div. 2016).  This was an auto accident case.  At trial, the jury was allowed to consider in the comparative negligence mix not only defendant’s negligence but that of a John Doe defendant ...

The Appellate Division Rejects a Stipulated Dismissal of an Appeal From a Final Domestic Violence Restraining Order

J.S. v. D.S., 448 N.J. Super. 17 (App. Div. 2016).  Normally, when parties agree to dismiss an appeal, the courts are only to happy to oblige.  This opinion by Judge Fisher yesterday in a domestic violence final restraining order case ...