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 ...
Montclair State University v. County of Passaic, 234 N.J. 434 (2018). This case centered on the proper application of Rutgers v. Piluso, 60 N.J. 142 (1972). As discussed here, in connection with the Appellate Division’s opinion in this case, which ...
In re Accutane Litigation, 234 N.J.340 (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 views ...
Kean Federation of Teachers v. Morell, 233 N.J. 566 (2018). Yesterday’s opinion by Justice LaVecchia reversed in part and affirmed as modified a decision of the Appellate Division that was reported at 448 N.J. Super. 520 (App. Div. 2017), and ...
Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts in recent weeks. Here is a belated, and far from ...
A.T v. M. Cohen, M.D., 231 N.J. 237 (2017). “This was an appeal as of right in a medical malpractice case in which plaintiff was a minor. Due to counsel’s oversight, plaintiff failed to file an affidavit of merit within ...
Allstate Ins. Co. v. Northfield Medical Center, P.C., 228 N.J. 596 (2017). After a bench trial, defendants were found to have violated the Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to -30 (“IFPA”). The violation arose from defendants’ use of “a ...
NL Industries, Inc. v. State, 228 N.J. 280 (2017). In 1976, the Legislature passed the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 (“the Spill Act”). The Spill Act became effective in 1977. Years earlier, in the ...
Givaudan Fragrances Corp. v. Aetna Cas. & Surety Co., 227 N.J. 322 (2017). Today’s opinion by Justice LaVecchia, a 6-0 ruling (Justice Albin did not participate) aligned New Jersey with the majority of jurisdictions on an issue of insurance law. ...
“Pent-Up” Demand for Low and Moderate Income Housing Must be Accounted for as Part of “Present Need”
In re Declaratory Judgment Actions Filed by Various Municipalities, 227 N.J. 508 (2017). In the Appellate Division decision in this case, reported at 446 N.J. Super. 259 (App. Div. 2016), and discussed here, the panel faced the question of whether ...