Tumpson v. Farina, 218 N.J. 450 (2014). [Disclosure: Victor A. Afanador and Jeffrey A. Shooman, my colleagues at Lite DePalma Greenberg, LLC, represented the municipal defendants in this case]. The Appellate Division in this matter, in an opinion discussed here and reported at ...
Gormley v. Wood-El, 218 N.J. 72 (2014). Cases under the Civil Rights Act, 42 U.S.C. §1983, are often difficult for plaintiffs. Such cases often fail, frequently on dispositive motions, due to qualified immunity, as in Schneider v. Simonini, 163 N.J. 336 (2000), ...
Komlodi v. Picciano, 217 N.J. 387 (2014). Causation is often a key factor in medical malpractice cases. And jury charges in such cases are, as in all cases, important to the result. In this case, a unanimous Supreme Court, speaking ...
Today witnessed the latest event in the ongoing saga regarding third round rules for low and moderate-income housing to be adopted by the Council on Affordable Housing (“COAH”). As discussed here, on March 7, the Appellate Division issued an Order ...
Farmers Mut. Fire Ins. Co. of Salem v. New Jersey Property-Liability Ins. Guar. Ass’n, 215 N.J. 552 (2013). Today’s unanimous opinion by Justice Albin addresses the proper allocation of environmental cleanup costs when one of the insurers on the risk is ...
Borough of Harvey Cedars v. Karan, 214 N.J. 384 (2013). Using the power of eminent domain, the Borough of Harvey Cedars took a portion of defendants’ beachfront property (actually, the Borough took an easement) and constructed a 22-foot high dune. That dune ...
Estate of Desir v. Vertus, 214 N.J. 303 (2013). In this case, which involved the application of premises liability and the rescue doctrine to a tragic shooting death, the Appellate Division reversed the Law Division’s finding that defendant property owner owed no duty to the victim, ...
Nicholas v. Mynster, 213 N.J. 463 (2013). Until the advent of the New Jersey Medical Care Access and Responsibility and Patients First Act, codified in part at N.J.S.A. 2A:53A-41, “in medical-malpractice cases, physician experts of different medical specialties, but who treated similar maladies, could ...
In re Advisory Letter No. 7-11, 213 N.J. 63 (2013). This was an appeal from the Supreme Court Advisory Committee on Extrajudicial Activities. George M. Boyd is the Chief Judge of the Municipal Court of the City of Perth Amboy. He has ...
Since today is Election Day, it is an especially appropriate time to revisit the Supreme Court’s decision in In re Attorney General’s “Directive on Exit Polling: Media and Non-Partisan Public Interest Groups,“ 200 N.J. 283 (2009). There, the Court addressed a ...