Benjamin v. Pennsylvania Dep’t of Public Welfare, 701 F.3d 938 (3d Cir. 2012).  In this class action brought by persons with mental retardation who reside in intermediate care facilities operated by defendants, the issue was whether other intermediate care facility residents could ...

Jacoby v. Jacoby, 427 N.J. Super. 109 (App. Div. 2012).  Should child support change because the child has begun to live on campus at a college?  Judge Lihotz, writing for the panel in this case, ruled that “attendance at college is a ...

Little v. Kia Motors America, Inc., 425 N.J. Super. 82 (App. Div. 2012).  In this consumer class action, which involved alleged defects in Kia automobiles, Judge #1 presided over a classwide jury trial.  The jury found for plaintiff and the class on the issue of ...

Grow Company, Inc. v. Chokshi, 424 N.J. Super. 357 (App. Div. 2012).  This is yet another in what seems to be an endless stream of appeals of awards of attorneys’ fees.  That stream flows despite the Supreme Court’s admonition in several cases, ...

Lombardi v. Masso, 207 N.J. 517 (2011).  In this case, a Law Division judge granted summary judgment to certain defendants.  The judge then denied plaintiff’s motion for reconsideration.  Another defendant had defaulted.  After hearing the evidence against that defendant at a proof ...

State v. Mierzwa, 420 N.J. Super. 207 (App. Div. 2011).  This case involved a municipal court matter that was first tried on July 27,  2006, nearly five years ago.  On appeal from a conviction at that time, both the Law Division and the Appellate ...

As discussed here, Lombardi v. Masso, a case pending in the Supreme Court of New Jersey, presents potentially important issues regarding the application of the law of the case doctrine.  The Court has announced that it will hear oral argument in Lombardi on ...

In re Denial of Regional Contribution Agreement Between Galloway Tp. and City of Bridgeton, 418 N.J. Super. 94 (App. Div. 2011).   The Council on Affordable Housing (“COAH”) denied approval of a regional contribution agreement (“RCA”) between Galloway and Bridgeton.  The basis for ...

In re Issuance of Access Conforming Lot Permit No A-17-N-N040-2007, 417 N.J. Super. 115 (App. Div. 2010).  This case involved an appeal by an objector to a highway access permit whose objections were not considered by the New Jersey Department ...

New Jersey Div. of Youth & Family Services v. J.D., 417 N.J. Super. 1 (App. Div. 2010).  In this child custody matter, the trial court reopened its decision in the case, which had been closed, based on a later-decided Appellate ...