Alloco v. Ocean Beach and Bay Club, 456 N.J. Super. 124 (App. Div. 2018). This opinion by Judge Leone focuses on the business judgment rule and its applicability in the context of a planned residential community. As Judge Leone showed, ...
At last night’s NJSBA Appellate Practice Committee meeting, it was announced that three judges of the Appellate Division will be retiring shortly. They are Judges Carroll, Leone, and Manahan. Each of those judges are some years short of age 70, ...
Thompson v. Baord of Trustees, Teachers’ Pension & Annuity Fund, 233 N.J. 232 (2018). As discussed here, this case came before the Supreme Court by virtue of a dissent in the Appellate Division. The issue was whether a prior Supreme ...
The Supreme Court announced this afternoon that it has granted certification in four new cases, all criminal matters. Here is the summary. In State v. Nelson, the question presented, as phrased by the Supreme Court Clerk’s Office, is “Under the ...
Green v. Monmouth University, 452 N.J. Super. 542 (App. Div. 2018). Today’s opinion by Judge Leone affirmed summary judgment in favor of defendant Monmouth University under the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11 (“the Act”). Judge Ostrer joined in ...
Stop & Shop Supermarket Co., LLC v. County of Bergen, 450 N.J. Super. 286 (App. Div. 2017). The Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (“OPRA”), permits suits for access to public records covered by OPRA. A successful OPRA ...
The Supreme Court has granted review in five cases. One of them is an appeal as of right, by virtue of a dissent in the Appellate Division. That case is State v. Twiggs. The question presented there, as phrased by ...
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 ...
Scannavino v. Walsh, 445 N.J. Super. 162 (App. Div. 2016). Near the start of this opinion, issued today, Judge Leone concisely summarized the whole case and its outcome. “Plaintiff alleges defendants improperly allowed the roots of trees on their property ...
State v. Twiggs, 445 N.J. Super. 23 (App. Div. 2016). In this conspiracy to commit robbery case, the Law Division dismissed the indictment because the State began the prosecution beyond the time allowed by the statute of limitations, N.J.S.A. 2C:1-6. ...