Zehl v. Elizabeth Bd. of Educ., 426 N.J. Super. 129 (App. Div. 2012).  Rule 4:41 allows a court to appoint a discovery master to deal with discovery issues “only upon approval by the Assignment Judge, and then only when all parties consent ...

The NJSBA Annual Meeting in Atlantic City featured a program today on the “nuts and bolts” of appellate practice.  The panel of speakers was headed by Judges Carchman and Messano.  Naturally, many of the “nuts and bolts” were the kinds ...

As of March 16, Judge Carchman reaches mandatory retirement age.  With Judge Carchman’s consent, Chief Justice Rabner has issued an order recalling him to service on Part F of the Appellate Division through August 31, 2012.  In a separate order, ...

Animal Protection League of New Jersey v. New Jersey Dep’t of Environmental Protection, 423 N.J. Super. 549 (App. Div. 2011).  With the coming of this season often comes an effort by the State of New Jersey to conduct a bear hunt, and ...

On November 18, an Appellate Division panel consisting of Judges Carchman, Fisher and Nugent denied the State’s motion for a stay pending the appeal, now before the Supreme Court on direct certification, of the Law Division’s ruling against the State ...

Local Baking Products, Inc. v. Kosher Bagel Munch, Inc., 421 N.J. Super. 268 (App. Div. 2011).  The Telephone Consumer Protection Act, 47 U.S.C. §227 (“TCPA”), prohibits the sending of unsolicited faxes.  The TCPA allows recipients of unwanted faxes to sue ...

Risko v. Thompson Muller Automotive Group, Inc., 206  N.J. 506 (2011).  This case came to the Supreme Court because of improper remarks made by plaintiff’s counsel in his trial summation.  The case was a slip and fall that caused plaintiff’s ...

New Jersey Dep’t of Environmental Protection v. Exxon Mobil Corp., 420 N.J. Super. 395  (App. Div. 2011).  N.J.S.A. 58:10B-17.1(b) (“the extension statute”) extends the normal statute of limitations for environmental actions “commenced by the State pursuant to the State’s environmental laws.”  ...

Oceanside Charter School v. New Jersey Dep’t of Education, 418 N.J. Super. 1 (App. Div. 2011).  On the merits, this decision, written by Judge Carchman, stands for a simple proposition:  a recipient of government-granted funds who does not comply with the ...