Judge Carol E. Higbee, who has been an Appellate Division judge for two years and, before that, a trial level judge in Atlantic County for 21 years, died on January...
FDASmart, Inc. v. Dishman Pharmaceuticals & Chemicals Ltd., 448 N.J. Super. 195 (App. Div. 2016). Plaintiff filed an action for breach of contract against two defendants, Dishman Pharmaceuticals & Chemicals,...
DeGarmeaux v. DNV Concepts, Inc., 448 N.J. Super. 148 (App. Div. 2016). As Judge Manahan stated in his opinion for the Appellate Division in this case, "[t]he issue of reasonbleness...
This morning, the Appellate Division issued a Notice to the Bar, available here, to remind practitioners and appellants that, effective on January 1, 2017, appeals to the Appellate Division on...
State v. Morrison, 227 N.J. 295 (2016). In today's unanimous opinion by Justice Albin, the issue was whether a volunteer emergency medical technician ("EMT") is a "public servant" who can...
This morning, the Supreme Court published a notice to the Bar, available here, regarding a new Court Rule that addresses review by the Court of Appellate Division rulings regarding pretrial...
This morning, the Supreme Court announced that it will review five more cases. Three of those are criminal cases, one is an insurance coverage case, and one is a constitutional...
Warren v. Muenzen, 448 N.J. Super. 52 (App. Div. 2016). A 2009 amendment to the Survivor Act, N.J.S.A. 2A:15-3, included language that "[e]very action brought under this chapter shall be commenced...
Thieme v. Aucoin-Thieme, 227 N.J. 269 (2016). Plaintiff and defendant cohabited for eight years, were married for a short time, and then divorced. Before and during the marriage, plaintiff had...
The Appellate Division normally hears oral arguments in Newark, Trenton, Hackensack, and Morristown. Every so often, however, the Appellate Division takes its show on the road to other venues. Today,...
