On this date fifty three years ago, the Supreme Court decided Henningsen v. Bloomfield Motors, Inc., 32 N.J. 358 (1960). In a unanimous opinion of over 50 pages, the longest...
Yesterday, Senate Bill 2052 was proposed for introduction. The legislation would limit the amount of an appeal bond in civil actions to $50 million. This same legislation was proposed in 2012,...
Nicholas v. Mynster, 213 N.J. 463 (2013). Until the advent of the New Jersey Medical Care Access and Responsibility and Patients First Act, codified in part at N.J.S.A. 2A:53A-41, "in medical-malpractice cases, physician experts...
Sometimes we all fall behind. On March 21, 2013, the Appellate Division decided In re N.J.A.C. 7:1B-1.1 et seq., 431 N.J. Super. 100 (App. Div. March 21, 2013). A coalition of environmental groups...
On this date in 1999, the Supreme Court decided DeHanes v. Rothman, 158 N.J. 90 (1999). There, in a unanimous opinion by Justice O'Hern, the Court held that it was...
Genesis Healthcare Corp. v. Symczyk, 133 S.Ct. 1523 (2013). Of all the current sitting Justices of the Supreme Court of the United States, Justice Scalia is the one who would normally...
Article VI, section 6, paragraph 3 of the New Jersey Constitution provides that Justices of the Supreme Court and judges of the Superior Court "shall be retired upon attaining the...
Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013). In this antitrust class action case, the Supreme Court of the United States split 5-4, among all too predictable lines. The majority, in a...
Washington v. Perez, 430 N.J. Super. 121 (App. Div. 2013). In proper circumstances, a jury may be told that it can consider the fact that a party did not call a particular...
D.D. v. University of Medicine & Dentistry of New Jersey, 213 N.J. 130 (2013). Under the New Jersey Tort Claims Act, N.J.S.A. 59:8-1 et seq. ("TCA"), no lawsuit can be filed against...
