Tag: Judge Marianne Espinosa

The 1,000th Post: A Rare Published Affirmance on the Opinion Below

In re Adoption of Monroe Tp. Housing Element and Fair Share Plan, 442 N.J. Super. 563 (App. Div. 2015).  Many intermediate appellate courts frequently issue opinions that affirm on the basis of rulings by trial level judges.  New Jersey’s Appellate ...

Physician Who Was Retired at the Time of “the Occurrence That is the Basis for the Action” is Not “Statutorily Authorized to Testify” as an Expert in a Medical Malpractice Case

Medina v. Pitta, 442 N.J. Super. 1 (App. Div. 2015).  The New Jersey Medical Care Access and Responsibility and Patients First Act, N.J.S.A. 2A:53A-37 to -42 (“PFA”), “established enhanced qualification requirements for experts who provide testimony or execute [affidavits of ...

Severance of and Discovery Regarding UIM and Bad Faith Claims

Wacker-Ciocco v. Gov’t Employees Ins. Co., 439 N.J. Super. 603 (App. Div. 2015).  In Procopio v. Gov’t Employees Ins. Co., 433 N.J. Super. 377 (App. Div. 2013), discussed here, the Appellate Division ruled that it was an abuse of discretion ...

No Constitutional Right to Have “Ability to Pay” Experts Appointed at Public Expense

Schochet v. Schochet, 435 N.J. Super. 542 (App. Div. 2014).  In Pasqua v. Council, 186 N.J. 127 (2006), the Supreme Court ruled that “the appointment of counsel to assist parents found to be indigent and facing incarceration at child support ...

Applying the Teacher Tenure Act

Platia v. Hamilton Tp. Bd. of Educ., 434 N.J. Super. 382 (App. Div. 2014).  Plaintiff was employed as a special education teacher for more than three academic years in a four-year period.  In the ordinary case, that would have been ...

Condemnation Commissioners’ Award Becomes “Nugatory” Upon Appeal and Cannot be Reinstated

State, Comm’r of Transportation v. Shalom Money Street,LLC, 432 N.J. Super. 1 (App. Div. 2013).  What happens to an award issued by condemnation commissioners for a taking when parties appeal that award to a court?  And when both parties appeal, and the ...

Arbitrator’s Decision That the State Must, Against Its Will, Pay Part of Camden Firefighters’ Salaries, is Reversed

In re City of Camden and International Ass’n of Firefighters, Local 788, 429 N.J. Super. 309 (App. Div. 2013).  For over ten years, the City of Camden has been in such dire financial straits that the State of New Jersey has provided ...

Making Concessions at Oral Argument

Today, while I was waiting to argue an appeal in the Appellate Division, an argument before mine illustrated the idea that sometimes it is the right move to concede that one’s position on a particular legal issue is not correct.  The ...

Where a Shopping Center Lease Requires the Landlord to Maintain the Parking Lot, a Tenant is Normally Not Liable to a Patron Injured in That Lot

Kandrac v. Marrazzo’s Market at Robbinsiville, 429 N.J. Super. 79 (App. Div. 2012).  “[A]s a general rule, when a commercial tenant in a multi-tenant shopping center has no control or contractual obligation to maintain a parking lot shared with other tenants, the ...

Firing Alcoholic Employee for Failing Random Alcohol Test Required Only of Alcoholics, Where No Issue of Job Performance was Raised, Could Violate NJLAD

A.D.P. v. ExxonMobil Research & Eng. Co., 428 N.J. Super. 518 (App. Div. 2012).  Plaintiff had worked for defendant (“Exxon”) for over 29 years.  Exxon required her to sign an agreement that required her to abstain from alcohol and to submit to ...