R.K. v. D.L., Jr., 434 N.J. Super. 113 (App. Div. 2014). At least since Printing Mart v. Sharp Electronics, 116 N.J. 739 (1989), it has been clear that motions to dismiss for failure to state a claim, Rule 4:6-2(e), are ...
Soliman v. The Kushner Companies, Inc., 433 N.J. Super. 153 (App. Div. 2013). Defendants secretly installed hidden surveillance cameras in bathrooms in an office building that they operated. The stated reason for doing that was that there had been “complaints of ...
Lippman v. Ethicon, Inc., 432 N.J. Super. 378 (App. Div. 2013). Today’s opinion under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8 (“CEPA”), written by Judge Fuentes, reversed a summary judgment in favor of the defendant employer. Relying in part ...
Kaye v. Rosefielde, 432 N.J. Super. 421 (App. Div. 2013). This first post of the 2013-2014 Term focuses on the longest published decision issued by the Appellate Division in the just-ended 2012-2013 Term. The opinion, written by Judge Fuentes and issued on ...
Vellucci v. Allstate Ins. Co., 431 N.J. Super. 39 (App. Div. 2013). Plaintiff’s decedent was employed by Allstate at an office building owned, designed, built, and managed by Mack-Cali Realty, L.P. Plaintiff alleged that the decedent contracted Legionnaire’s Disease from the building’s ...
Mullen v. The Ippolito Corporation, 428 N.J. Super. 85 (App. Div. 2012). An action in lieu of prerogative writs can be used where, at common law, one of the designated prerogative writs would have been the proper basis for suit. ...
Sauro v. Sauro, 425 N.J. Super. 555 (App. Div. 2012). This contentious divorce action boiled down to the complaint of a large law firm that an equitable distribution award was improper because, in making that award, the Family Part improperly elevated the interests of the ...
Cole v. Jersey City Medical Center, 425 N.J. Super. 48 (App. Div. 2012). Plaintiff, a nurse anesthetist at Jersey Medical Center, sued the Medical Center and her immediate employer, Liberty Anesthesia Associates (“Liberty”), for retaliatory discharge, employment discrimination, and other things. Plaintiff ...
Spinelli v. Echeverry Industries, LLC, 2012 WL 370666 (App. Div. Feb. 7, 2012). Rule 2:8-3 authorizes parties on appeal to move for summary disposition of that appeal at any time. It is not often that such motions get granted, however, ...
State v. Morgan, 423 N.J. Super. 453 (App. Div. 2011). Rule 1:8-8(a) states that a trial court, “in its discretion, may submit a copy of all or part of its instructions to the jury for its consideration in the jury room.” In ...