Jennings v. Stephens, ___ U.S. ___ (2015). There is a settled principle that an appellate court may affirm on any basis, even if that basis was not relied on by the trial...
Hargrove v. Sleepy's, LLC, 220 N.J. 289 (2015). Today, speaking through Judge Cuff, the Supreme Court issued an opinion on a certified question posed to the Court by the Third...
Bermudez v. Kessler Institute for Rehabilitation, 439 N.J. Super. 35 (App. Div. 2015). The different ways in which legislative language, even relatively precise definitions, can be seen to be ambiguous or unclear...
As previewed here, today was the day on which the Supreme Court heard oral argument on the application of the Fair Share Housing Center to hold the Council on Affordable...
Hill International, Inc. v. Atlantic City Bd. of Educ., 438 N.J. Super. 562 (App. Div. 2014). The Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29, requires that a plaintiff in...
When last we left the saga of the Council on Affordable Housing ("COAH") and its "third round rules" for the calculation of municipal obligations for low and moderate-income housing, the...
Davis v. Husain, 220 N.J. 270 (2014). "Post-verdict ex parte communication between the trial court and jurors cannot be countenanced." That is the holding of today's opinion, for a unanimous Supreme...
Dart Cherokee Basin Operating Co., LLC v. Owens, ___ U.S. ___ (2014). This case reached a fairly simple conclusion: a notice of removal that removes to federal court a putative...
State v. Jaffe, 220 N.J. 114 (2014). As discussed here, the first opinion written by a new Justice is generally a unanimous decision in a relatively unexceptional case. Today, Justice Solomon, a...
On this date thirty-nine years ago, the Supreme Court decided three seminal rent conrol cases, which have come to be known as the "rent control trilogy." Troy Hills Village v....
