Cologna v. Board of Trustees, Police & Firemen’s Retirement Syst., 430 N.J. Super. 362 (App. Div. 2013). By statute, a former member of the Police and Firemen’s Retirement System (“PFRS”) normally has two years to resume employment and reinstitute membership in the PFRS. N.J.S.A. ...
Motley v. Seaside Park Bd. of Adj., 430 N.J. Super. 132 (App. Div. 2013). N.J.S.A. 40:55D-68 allows a non-conforming use or structure to be “restored or repaired in the event of partial destruction thereof.” This opinion, written by Judge Sabatino, addresses a ...
Mayer v. Once Upon a Rose, Inc., 429 N.J. Super. 365 (App. Div. 2013). An employee of defendant, a florist, who was setting up floral arrangements for an engagement party, allegedly gripped a glass vase so tightly that it shattered, with shards seriously injuring ...
Ciesla v. New Jersey Dep’t of Health & Senior Services, 429 N.J. Super. 127 (App. Div. 2012). This was an appeal of a decision of the Government Records Council (“GRC”), the state agency charged with resolving requests under the Open Public Records ...
Des Champs Laboratories, Inc. v. Martin, 427 N.J. Super. 84 (App. Div. 2012). This opinion by Judge Sabatino, for a unanimous Appellate Division panel, may lead to one of the most important Supreme Court decisions in years in the areas of administrative and environmental law. The panel held that ...
In re Pelvic Mesh-Gynecare Litig., 426 N.J. Super. 167 (App. Div. 2012). In this mass tort matter involving medical devices that are used to treat pelvic organ prolapse and stress urinary incontinence, the Law Division barred defendants from using as an expert witness ...
State v. Locascio, 425 N.J. Super. 474 (App. Div. 2012). Expert opinion is an area in which decisions in the criminal realm find their way into civil cases as well. For example, Kemp v. State, 174 N.J. 412 (2002), is often cited in ...
Quinlan v. Curtiss-Wright Corp., 425 N.J. Super. 335 (App. Div. 2012). This is a long-running employment discrimination case that came back to the Appellate Division after a remand by the Supreme Court. Judge Sabatino wrote a comprehensive opinion for the panel that educates ...
NAACP of Camden County East v. Foulke Management Corp., 421 N.J. Super. 404 (App. Div. 2011). This consumer class action was the occasion for another typically scholarly opinion by Judge Sabatino. Geraldine Thomas, an African-American, bought a new automobile from defendant. She was ...
Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011). In Caspi v. Microsoft Network, LLC, 323 N.J. Super. 118 (App. Div. 1999), the Appellate Division upheld a forum selection clause that was contained in an electronic contract between an internet ...