Hurwitz v. AHS Hospital Corp., 438 N.J. Super. 269 (App. Div. 2014).  The Healthcare Quality Improvement Act of 1986 (“HCQIA”), 42 U.S.C. §§11111-11112, creates an immunity from damages claims arising out of a “professional review action of a professional review ...

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 ...

Last night, the Morris County Bar Association presented “New Jersey Appellate Practice:  Tips from the Bench and Bar.”  The program and participants were discussed here.  Roughly 125 people attended, and everyone learned some new things and heard again some familiar things.  ...

In September 2013, the Morris County Bar Association presented a seminar titled “Building the Trial Record and Arguing it on Appeal.”  The panelists were Justice Patterson, Judges Sabatino, Stern, and Axelrad, and me.  The MCBA got such a favorable response ...

Flinn v. Amboy Nat’l Bank, 436 N.J. Super. 274 (App. Div. 2014).  This opinion by Judge Sabatino contains, among other things, an encyclopedic discussion of cases that address the standards of review on a motion to dismiss a complaint.  Additionally, ...

New Jersey Dept’ of Labor & Workforce Development v. Crest Ultrasonics, 434 N.J. Super. 34 (App. Div. 2014).  N.J.S.A. 34:8B-1 “bars employers seeking to fill job vacancies in this State from purposefully or knowingly publishing advertisements stating that job applicants ...

Finkel v. Hopewell Tp. Committee, 434 N.J. Super. 303 (App. Div. 2013).  This case involves the principle of “capable of repetition yet evading review” to defeat a mootness argument.  That principle was made famous by Roe v. Wade, 410 U.S. 113 ...

Arroyo v. Durling Realty, LLC, 443 N.J. Super. 238 (App. Div. 2013).  Judge Sabatino may be best known for his lengthy, scholarly published opinions in complex cases such as this one or this one.  Here, however, he wrote a short little gem ...

Sovereign Bank v. Gillis, 432 N.J. Super. 36 (App. Div. 2013).  This opinion by Judge Sabatino is an example of how a brief introduction can encapsulate an entire, highly detailed opinion.  Here are the first two paragraphs of that opinion: This appeal ...

JB Pool Management, LLC v. Four Seasons at Smithville Homeowners Ass’n, Inc., 431 N.J. Super. 233 (App. Div. 2013).  Plaintiff, a pool management company, contracted with defendant condominium association to supply lifeguards and maintenance service for the association’s indoor pool.  During the ...