Heyert v. Taddese, 431 N.J. Super. 388 (App. Div. 2013). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represented the Hoboken Rent Leveling & Stabilization Board in this appeal and in the other appeals discussed in this post]. This has been a busy ...
Town of Kearny v. Brandt, 214 N.J. 76 (2013). Deciding when the ten-year construction statute of repose, N.J.S.A. 2A:14-1.1, begins to run is often a difficult issue for courts. In this case, the Supreme Court faced that issue in the context of ...
In re Estate of Thomas, 431 N.J. Super. 22 (App. Div. 2013). Rule 4:85-1 establishes a short time period (four months for New Jersey residents and six months for non-residents, subject to a “reasonable time” exception under Rule 4:50-1) within which anyone who ...
Lassiter v. City of Philadelphia, 716 F.3d 53 (3d Cir. 2013). The initial conference under Federal Rule of Civil Procedure 16 is a time for the court to set a proper course for a case including, in the words of Rule 16, “formulating ...
Mullen v. The Ippolito Corporation, 428 N.J. Super. 85 (App. Div. 2012). An action in lieu of prerogative writs can be used where, at common law, one of the designated prerogative writs would have been the proper basis for suit. ...
Cornett v. Johnson & Johnson, 211 N.J. 362 (2012). This is a long-awaited decision in the tort/medical device realm, involving as it does the issues of choice of law for statute of limitations purposes, the operation of the statute of limitations ...
Fox v. Millman, 210 N.J. 401 (2012). This case is one of many cut from a similar pattern: an employee subject to a duty of loyalty to his employer left that job for a new one and provided a customer list of the old employer to ...
Pitcock v. Kasowitz, Benson, Torres & Friedman, LLP, 426 N.J. Super. 582 (App. Div. 2012). This case arose out of a dispute between defendant, a New York law firm with a Newark satellite office, and plaintiff, a former partner of that law ...
Walker v. Choudhary, 425 N.J. Super. 135 (App. Div. 2012). This was a medical malpractice and wrongful death action. Three defendants, a doctor, a medical group, and a company that owns a hospital, won summary judgment based on the statute of limitations. Plaintiff ...
Kendall v. Hoffman-LaRoche, Inc.., 209 N.J. 173 (2012). In this case, the 5-1 majority opinion by Justice Long offers a comprehensive tutorial about New Jersey’s “discovery rule,” which mitigates the strict statute of limitations in various circumstances. But the main issue in ...