Barr v. Bishop Rosen & Co., Inc., 442 N.J. Super. 599 (App. Div. 2015). Both before and after Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (2014), cert. denied, 135 S.Ct. 2804 (2015), New Jersey’s appellate courts have ...
Regular readers of this blog have seen frequent criticism of the class action “ascertainability” doctrine espoused by Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013). Recently, as discussed here, the Appellate Division in Daniels v. Hollister Co., 440 ...
Chief Justice Rabner has issued the General Assignment Order for 2015-16. The full Order, whose assignments take effect on September 1, 2015, can be viewed here. As far as the Appellate Division goes, the General Assignment Order shows that Judge Messano will ...
State v. Ross, 441 N.J. Super. 120 (App. Div. 2015). This characteristically concise opinion by Judge Fisher involved an order by the Law Division in this criminal case that granted a motion by the Public Defender to compel the County ...
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” ...
In re Failure of the Council on Affordable Housing to Adopt Trust Fund Commitment Regulations, 440 N.J. Super. 220 (App. Div. 2015). The Fair Housing Act, N.J.S.A. 52:27D-329.2(a), states that the Council on Affordable Housing (“COAH”) “may authorize a municipality ...
Mickens v. Misdom, 438 N.J. Super. 531 (App. Div. 2015). Today’s opinion, by Judge Fisher, affirms the ruling of a Union County trial judge (apparently, Judge Hely, based on a lengthy quotation from the Law Division judge that describes that ...
Rosenstein v. State of New Jersey, Dep’t of Treasury, 438 N.J. Super. 491 (App. Div. 2014). As this concise opinion by Judge Fisher today explains, in 2011, as part of larger pension reforms, legislation was passed that conferred on the ...
This week’s New Jersey Law Journal contains the result of a Law Journal survey of practitioners who were asked to rate the judges of the Appellate Division in nine separate categories on a scale of 1-10, with 10 being the ...