Division of Youth & Family Servs. v. A.L., 213 N.J. 1 (2013). When A.L. was admitted to the hospital to give birth to her son, A.D., she tested positive for cocaine. The...

Today is the fortieth anniversary of Roe v. Wade, 410 U.S. 113 (1973). That decision, written by Justice Blackmun, an appointee of President Nixon, and joined in by Justices as...

Prime Accounting Dep't v. Carney's Point Tp., 212 N.J. 403 (2013). This tax appeal case came about because the defendant municipality's tax assessment list showed plaintiff as the owner of the subject...

Today, while I was waiting to argue an appeal in the Appellate Division, an argument before mine illustrated the idea that sometimes it is the right move to concede that...

Nielsen v. Wal-Mart Store #2171, 429 N.J. Super. 251 (App. Div. 2013). Defendant Wal-Mart Store #2171 owned a unit in a multi-unit condominium development owned by another defendant. Plaintiff was an employee...

Mala v. Crown Bay Marina, Inc., 704 F.3d 239 (3d Cir. 2013). Plaintiff, a citizen of the Virgin Islands, refueled his powerboat at defendant's fueling station. The boat's tank overflowed with gasoline,...

On this date in 2005, the Supreme Court of New Jersey began to provide live webcasts of its oral arguments. The very first case argued, NCP Litigation Trust v. KPMG...

This first post of 2013 discusses a fundamental principle of appellate review: "our appellate courts will decline to consider questions or issues not properly presented to the trial court when...

As reported here, the Supreme Court of New Jersey previously granted review of Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011), a putative consumer class action...

The Supreme Court of the United States has granted certiorari to review the decision of the Third Circuit Court of Appeals in Sutter v. Oxford Health Plans, 675 F.3d 215...