My three-week trial ended late last week, with a successful jury verdict. But June was a very busy month in the world of New Jersey appellate practice, with numerous important decisions by the federal and state appellate courts. Some of ...
United Parcel Service Gen. Servs. Co. v. Director, Div. of Taxation, 220 N.J. 90 (2014). This per curiam decision of the Supreme Court today affirmed an Appellate Division decision, written by Judge Lihotz, in favor of the plaintiff taxpayers. Plaintiffs (collectively, “UPS”) ...
Manhattan Trailer Park Homeowners Ass’n, Inc. v. Manhattan Trailer Court & Trailer Sales, Inc., 438 N.J. Super. 185 (App. Div. 2014). The Mobile Home Protection Act, N.J.S.A. 46:8C-2 to -21, is intended to protect residents of mobile home parks against unscrupulous ...
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 ...
Dunkley v. S. Coraluzzo Petroleum Transporters, 437 N.J. Super. 366 (App. Div. 2014). Plaintiff, an African-American oil delivery driver, experienced some uncomfortable interaction with his on-road trainer, Harrington. Harrington made remarks to him about the Ku Klux Klan, as well as ...
Prioleau v. Kentucky Fried Chicken, Inc., 434 N.J. Super. 558 (App. Div. 2014). In Arroyo v. Durling Realty, LLC, 443 N.J. Super. 238 (App. Div. 2013), discussed here, Judge Sabatino discussed the “mode of operation” theory of negligence liability. In essence, the doctrine eases the ...
Caporusso v. New Jersey Dep’t of Health & Senior Services, 434 N.J. Super. 88 (App. Div. 2014). The prerogative writ of mandamus is the centerpiece of this opinion by Judge Lihotz. Plaintiffs, on behalf of a putative class, sued the ...
Bozzi v. City of Atlantic City, 434 N.J. Super. 326 (App. Div. 2014). Plaintiff wanted to get a copy of bid specifications for HVAC work at a local public building. He went to defendant’s official records custodian to make an ...
Cumberland Cty. Bd. of Freeholders v. Vitetta Group, P.C., 431 N.J. Super. 596 (App. Div. 2013). Most cases involving the construction statute of repose, N.J.S.A. 2A:14-1.1, involve how to determine when the statute begins to run. This case, in contrast, deals with ...
Koseoglu v. Wry, 431 N.J. Super. 140 (App. Div. 2013). This opinion by Judge Lihotz was issued in April but was approved for publication only today. It is a medical malpractice case, on cross-appeals from motions for judgment notwithstanding the verdict (“n.o.v.”) ...