Manahawkin Convalescent v. O’Neill, 217 N.J. 99 (2014). This comprehensive opinion by Justice Patterson for a unanimous Court ultimately boils down to this: because plaintiff, a nursing home, did not violate the Nursing Home Act, N.J.S.A. 30:13-1 to -17 (“NHA”), in demanding ...
On March 25, the New Jersey Institute for Continuing Legal Education will present this seminar. Details and registration information can be found here. I am a panelist, in the extremely distinguished company of Justice Patterson, Judge Stern (ret.), and Judge ...
Justice Patterson was among the panelists at a seminar on mass torts tonight. In the course of her remarks about preserving issues on appeal, writing effective appellate briefs, and presenting compelling oral arguments, she made a suggestion that I had ...
D’Agostino v. Maldonado, 216 N.J. 168 (2013). The requirement of the Consumer Fraud Act, N.J.S.A. 56:8-19 (“CFA”), that a consumer sustain an “ascertainable loss” as a prerequisite to recovery has long been one of the most elusive concepts in CFA ...
In re Plan for the Abolition of the Council on Affordable Housing, 214 N.J. 444 (2013). The Council on Affordable Housing (“COAH”) was established as part of the Legislature’s response to the Mount Laurel cases. In those cases, the Supreme Court had announced ...
Sipko v. Koger, Inc., 214 N.J. 364 (2013). Sometimes, it is not clear why the Supreme Court grants review. When the Court granted certification in this case, which involved a dispute among family members relating to close corporations, the issue presented, as ...
Town of Kearny v. Brandt, 214 N.J. 76 (2013). Deciding when the ten-year construction statute of repose, N.J.S.A. 2A:14-1.1, begins to run is often a difficult issue for courts. In this case, the Supreme Court faced that issue in the context of ...
Prime Accounting Dep’t v. Carney’s Point Tp., 212 N.J. 403 (2013). This tax appeal case came about because the defendant municipality’s tax assessment list showed plaintiff as the owner of the subject property when in fact plaintiff had merely processed taxes on ...
Davis v. Devereux Foundation, 209 N.J. 269 (2012). Under the Restatement of Agency (Second), §219(2)(c), when one has a duty to protect others and delegates that duty to an agent, such as an employee, the employer can be liable for the employee’s failure to ...
McDade v. Siazon, 208 N.J. 463 (2011). Under the Tort Claims Act, N.J.S.A. 59:8-8(a), one who wishes to make a tort claim against a public entity must first file a notice of claim within ninety days of the accrual of the cause ...