Jones v. Morey’s Pier, Inc., 230 N.J. 142 (2017). Under the New Jersey Tort Claims Act, N.J.S.A. 59:8-8, a tort plaintiff who fails to timely serve a notice of tort claim on a public entity is barred from suing that ...
Thieme v. Aucoin-Thieme, 227 N.J. 269 (2016). Plaintiff and defendant cohabited for eight years, were married for a short time, and then divorced. Before and during the marriage, plaintiff had been a salaried employee of a consulting business, for which ...
In the last ten days, the Supreme Court, nearing the end of its term, has issued a number of opinions. It has been hard to keep up with them all. To catch up, here are brief summaries of the Court’s ...
IE Test, LLC v. Carroll, 226 N.J. 166 (2016). Until it was superseded by the Revised Uniform Limited Liability Company Act, N.J.S.A. 42:2C-1 to -94 (“RULLCA”), on March 18, 2013, relationships among members of a limited liability company were governed ...
In re Revocation or Suspension of Provisional Accreditation of Eastwick College LPN-to-RN Bridge Program, 225 N.J. 533 (2016). As Justice Patterson reminded us in her opinion in this case today, an administrative agency’s interpretation of its own regulations receives deference ...
Globe Motor Co. v. Igdalev, 225 N.J. 469 (2016). One of the fundamental principles of summary judgment jurisprudence is that a court cannot grant summary judgment when there are genuine disputes of material fact. In evaluating whether such issues exist, ...
In each of the last two days, the Supreme Court issued unanimous opinions involving the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -42 (“LAD”). Yesterday, in Smith v. Millville Rescue Squad, 225 N.J. 373 (2016), the Court ruled that ...
State v. Bueso, 225 N.J. 193 (2016). Today, the Supreme Court addressed the issue of how a trial court should evaluate the competency of a child witness to testify. The child in question, M.C., was a seven-year old girl who ...
Torres v. Pabon, 225 N.J. 167 (2016). As Justice Patterson explained in her decision today for a unanimous Supreme Court, “cumulative error” exists when “the aggregate effect of a series of errors” deprives a party of a fair trial. In ...
Major v. Maguire, 224 N.J. 1 (2016). The Grandparent Visitation Statute, N.J.S.A. 9:2-7.1, permits grandparents to apply for visitation rights with their grandchildren even where the children’s parents object. In Moriarity v. Bradt, 177 N.J. 84 (2003), the Supreme Court ...