In re D.L.B., ___ N.J. Super. ___ (App. Div. 2021); Valarezo-Tirado v. Attorney General of the United States of America, ___ F.4th ___ (3d Cir. 2021). It is a fundamental rule that courts must provide findings and reasons for their ...
BV001 REO Blocker, LLC v. 53 West Somerset Properties, LLC, ___ N.J. Super. ___ (App. Div. 2021). Judge Ostrer’s opinion in this case, issued today, may become the new “go-to” source in cases seeking to invoke Rule 4:50-1(f). That Rule ...
Pannucci v. Edgewood Park Senior Housing- Phase 1, LLC, ___ N.J. Super. ___ (App. Div. 2020). As Judge Ostrer explained in his opinion for the Appellate Division today, the “settled doctrine of res ipsa loquitur,” which means “the thing speaks ...
Pickett v. Moore’s Lounge, 464 N.J. Super. 549 (App. Div. 2020). This was an insurance coverage case. Plaintiff’s decedent was shot to death at the defendant tavern by another patron following an argument. After settling with other defendants, plaintiff sought ...
Bandler v. Landry’s, Inc., 464 N.J. Super. 311 (App. Div. 2020). Plaintiff, a competitive poker player, saw an advertisement for a “Grand Poker Series” tournament to be held at the Golden Nugget casino in Atlantic City. Plaintiff alleged that the ...
Chief Justice Rabner has issued the General Assignment Order for 2020-21, which is available here. Judge Ostrer has replaced Judge Koblitz, who will be retiring, as Presiding Judge of Part C. The other Presiding Judges, who include Judges Sabatino, Fasciale, ...
Holtham v. Lucas, 460 N.J. Super. 308 (App. Div. 2019). As Judge Ostrer noted in the first sentence of his opinion in this case today, “[a]ccording to well-settled contract law, a provision that stipulates an unreasonably large amount of damages ...
Goldfarb v. Solimine, 460 N.J. Super. 22 (App. Div. 2019). Everyone has their favorite judge(s) before whom they would prefer to try a case. In this case, “a defense attorney, in an ex parte communication, sought [a particular] judge’s assignment ...
In the last several weeks, this blog has largely focused on Supreme Court decisions and grants of review. That was not meant to slight the Appellate Division, whose judges have made some important rulings as well. Here are summaries of ...
Feuer v. Merck & Co., Inc., 238 N.J. 27 (2019). As discussed here, the Appellate Division, in an opinion by Judge Ostrer that was reported at 455 N.J. Super. 69 (App. Div. 2019), affirmed (after de novo review of the ...