Tag: Judge Mitchel Ostrer

Back in Action!

Due to travel over most of the past two weeks (and getting “back in the game” once having returned), there have been no posts here.  But the courts have been active during that time.  Here, in brief, are some of ...

No Attorneys’ Fees for Retired Public Employee Who Successfully Sued to Enforce Agency Decision Regarding His Pension

Brunt v. Board of Trustees, Police & Firemen’s Retirement System, 455 N.J. Super. 357 (App. Div. 2018).  In general, except as specified by statute, court rule, or a contract between parties, New Jersey follows the “American Rule,” under which litigants ...

Slightly Different Facts Produce Opposite Results in Two Somewhat Similar Cases

Bowser v. Board of Trustees, Police and Firemens Retirement System, 455 N.J. Super. 165 (App. Div. 2018); Mattia v. Board of Trustees, Police and Firemens Retirement System, 455 N.J. Super. 217 (App. Div. 2018).  These two opinions, issued today by ...

In Construing Wills and Trusts, “Plain Meaning” of Language Gives Way to “Testator’s Probable Intent”

In re Trust of Violet Nelson, 454 N.J. Super. 151 (App. Div. 2018).  As Judge Ostrer stated in his opinion in this case today, the issue was “whether a trial court may look beyond the apparently plain language of a ...

A Split Appellate Division Decision About the Charitable Immunity Act: On to the Supreme Court?

Green v. Monmouth University, 452 N.J. Super. 542 (App. Div. 2018).  Today’s opinion by Judge Leone affirmed summary judgment in favor of defendant Monmouth University under the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11 (“the Act”).  Judge Ostrer joined in ...

“Reasonable Expectations of the Insured” Did Not Defeat Clear Policy Exclusion of “Insured vs. Insured” Claims

Abboud v. National Union Fire Ins. Co., 450 N.J. Super. 400 (App. Div. 2017).  This opinion by Judge Ostrer interpreted an “insured vs. insured” exclusion in a directors and officers liability insurance policy.  That exclusion generally bars coverage for claims ...

Grandparent Visitation Redux

Slawinski v. Nicholas, 448 N.J. Super. 25 (App. Div. 2016).  There are a surprising number of published New Jersey cases in the family context regarding grandparent visitation of grandchildren.  Examples are here, here, and here.  This latest decision, by Judge ...

An Intervention Dispute: Is a Denial of a Motion to Intervene Immediately Appealable?

HUNY & BH Associates v. Silberberg, 447 N.J. Super. 606 (App. Div. 2016).  This 2-1 decision of the Appellate Division, issued today, is a rare published opinion on a motion to dismiss an appeal.  Defendant Silberberg filed a motion to ...

The Discovery Rule is Applied to Common Law and Consumer Fraud Act Claims

Catena v. Raytheon Company, 447 N.J. Super. 43 (App. Div. 2016).  The time when a cause of action accrues, for purposes of triggering the statute of limitations, is a recurring and often thorny one.  Most of the cases arise in ...

Twenty One Day Advance Voter Registration Requirement is Held Constitutional

Rutgers University Student Assembly v. Middlesex Cty. Bd. of Elections, 446 N.J. Super. 221 (App. Div. 2016).  This appeal involved the constitutionality of N.J.S.A. 19:31-6.3b, which requires eligible voters to register at least twenty one days before an election in ...