Crispino v. Sparta Tp., 243 N.J. 234 (2020). By statute, the Legislature has delegated to municipalities the power to impose special assessments on property owners to fund improvements that benefit those properties. But such assessments, and the methodology to impose ...
Arafa v. Health Express Corp., 243 N.J. 147 (2020). Justice Fernandez-Vina’s opinion today actually involved two consolidated cases, both of which were putative class actions. The issue was whether a contract that the Federal Arbitration Act, 9 U.S.C. 1 et ...
Baskin v. Martinez, 243 N.J. 112 (2020). This Civil Rights Act case involved what Justice Albin, writing for the four-Justice majority, labeled a claim that “a justifiable police chase ended in an unjustifiable police shooting– the use of excessive force ...
State v. Greene, 242 N.J. 530 (2020). Until today, the Supreme Court “has not had occasion to squarely address a prosecutor’s opening statement that detailed evidence of a defendant’s guilt that never materialized because the anticipated witness refused to testify.” ...
Lembo v. Marchese, 242 N.J. 477 (2020). Employees of plaintiff, a dentist, forged endorsements on checks payable to plaintiff’s dental practice and deposited those checks into their own accounts at TD Bank. Plaintiff sued (among others) TD Bank, asserting common ...
Due to a personal matter, there have been no posts on this blog since June 2. This post will summarize some of the decisions from our appellate courts since that date. Separately, Governor Murphy nominated Fabiana Pierre-Louis to fill the ...
The appellate courts have not been idle since the most recent post on this blog. Opinions have been issued, the Supreme Court has taken up more cases for review, and the Appellate Division has entered an Order about scheduling in ...
Balducci v. Cige, 240 N.J. 574 (2020). In this case, as discussed here, the Appellate Division invalidated a retainer agreement in an opinion reported at 456 N.J. Super. 219 (App. Div. 2018). The panel also made some broad statements about ...
Orientale v. Jennings, 239 N.J. 569 (2019). As Justice Albin’s opinion for a unanimous Court today described, remittitur and additur (the ability of a trial judge to reduce or increase a jury verdict that is “so grossly excessive [remittitur] or ...
L.R. v. Camden City Public School Dist., 238 N.J. 547 (2019). A relative rarity for our Supreme Court occurred in this case today: the decision of the Appellate Division was affirmed by an equally divided Court. Only six Justices sat ...