Piech v. Layendecker, 456 N.J. Super. 367 (App. Div. 2018). This opinion by Judge Fasciale effectively summarizes all the issues, and the result on each issue, in its opening paragraph. “This personal injury social-guest liability case deals with flawed jury ...
Flanzman v. Jenny Craig, Inc., 456 N.J. Super. 613 (App. Div. 2018). This opinion by Judge Fasciale today is yet another case arising out of an arbitration clause. Plaintiff, having been terminated from her employment by defendant, filed an age ...
Larkins v. Solter, 450 N.J. Super. 519 (App. Div. 2017). The Office of the State Comptroller (“OSC”) was established by the Legislature in 2007, in order to subject governmental financial activities to uniform, meaningful, and systematic public scrutiny. N.J.S.A. 52:15C-1 ...
Communication Workers of America, AFL-CIO v. New Jersey Civil Service Comm’n, 447 N.J. Super. 584 (App. Div. 2016). Article V, section 4, paragraph 6 of the New Jersey Constitution, approved by the voters in 1992, gives the Legislature the power ...
In re Declaratory Judgment Actions Filed by Various Municipalities, 446 N.J. Super. 259 (App. Div. 2016). It has been 41 years since the Supreme Court issued its original Mount Laurel opinion. Southern Burlington Cty. NAACP v. Mount Laurel Tp., 67 ...
McRae v. New Jersey Transit Bus Operations, Inc., 2016 N.J. Super. Unpub. LEXIS 1598 (App. Div. July 8, 2016). Appellate advocates like to write in ways that make an impact. But sometimes they can go too far. In today’s non-precedential, ...
Castello v. Wohler, 446 N.J. Super. 1 (App. Div. 2016). In Medina v. Pitta, 442 N.J. Super. 1 (App. Div. 2015), discussed here, the Appellate Division ruled that a physician who was retired at the time of the occurrence that ...
Winberry Realty Partnership v. Borough of Rutherford, 2016 N.J. Super. Unpub. LEXIS 1019 (App. Div. May 4, 2016). [Disclosure: I represented the successful plaintiffs-appellants on this appeal]. Qualified immunity is a significant defense that is available to defendants in cases ...
Jacoby v. Englewood Cliffs Bd. of Adj., 442 N.J. Super. 450 (App. Div. 2015). At least since North Bergen Action Group v. North Bergen Tp. Planning Bd., 122 N.J. 567 (1991), height variances have been a source of some puzzlement. ...
Cypress Point Condominium Ass’n, Inc. v. Adria Towers, LLC, 441 N.J. Super. 369 (App. Div. 2015). A condominium association sued multiple parties, including insurers under commercial general liability (“CGL”) insurance policies, for consequential damages arising out of defective construction work ...