McClain v. Board of Review, 237 N.J. 445 (2019). This appeal actually involved two consolidated cases, each of which was the subject of a published opinion in the Appellate Division. McClain v. Board of Review, 451 N.J. Super. 461 (App. ...
Piscitelli v. City of Garfield Bd. of Adj., 237 N.J. 333 (2019). Conflict of interest issues are often sticky. That was doubly so in this case, which the Supreme Court decided today, since there were not just one but two ...
Kernahan v. Home Warranty Administrator of Florida, Inc., 236 N.J. 301 (2019). When the Supreme Court grants review based on a particular issue raised by the petitioner, but the petitioner subsequently abandons that issue, the Court has at least three ...
In re Accutane Litigation, 235 N.J. 229 (2018). [Disclosure: I argued this appeal, together with co-counsel, on behalf of the plaintiffs. The opinions expressed in this post are mine alone, and are not attributable to or necessarily reflective of the ...
In re Hendrickson, 235 N.J. 145 (2018). This first Supreme Court opinion of the current Term is by Justice Albin. The opening paragraphs of his ruling concisely and completely describe what the case is about, what the result is, and ...
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 ...
Communications Workers of America, AFL-CIO v. New Jersey Civil Service Commission, 234 N.J. 483 (2018). In one of the biggest constitutional decisions of the current term, an unusually divided Supreme Court today modified and affirmed the decision of the Appellate ...
McDaid v. Aztec West Condominium Association, 234 N.J. 130 (2018). As Jutice Albin stated in the first two sentences of today’s opinion for a unanimous Supreme Court, “Res ipsa loquitur is an equitable doctrine that allows, in appropriate circumstances, a ...
Harz v. Borough of Spring Lake, 234 N.J. 317 (2018). The New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 (“NJCRA”) is, in general, the New Jersey analog to the federal Civil Rights Act, 42 U.S.C. §1983. In Tumpson v. ...
Petro-Lubricant Testing Laboratories, Inc. v. Adelman, 233 N.J. 236 (2018). This defamation case, which involves an internet article about an employment discrimination lawsuit that was thereafter reprinted in somewhat different form, has pinged and ponged in different directions at each ...