There are many, many decisions, including this published ruling by Judge Lihotz, that implement the directive of Rule 1:7-4 that a trial judge "shall, by an opinion or memorandum decision, either...
Five years ago today, the Appellate Division decided Grow Company, Inc. v. Chokshi, 403 N.J. Super. 443 (App. Div. 2008). There, Judge Fisher, writing for the panel, produced a seminal...
Most judges dislike briefs that assert that an adversary's legal argument is "ridiculous," "absurd," "preposterous," or the like. Judges often say that a statement that an opposing position is "without...
Suser v. Wachovia Mortgage, FSB, 433 N.J. Super. 317 (App. Div. 2013). Though also embodied in N.J.S.A. 2A:62-1, an action to quiet title is a classic equitable remedy that allows...
Advance at Branchburg, II, LLC v. Branchburg Tp. Bd. of Adj., 433 N.J. Super. 247 (App. Div. 2013). The normal, strict standards for a use variance, as expressed in Medici...
Petrozzi v. City of Ocean City, 433 N.J. Super. 290 (App. Div. 2013). This case presented a concept of basic contract law– impossibility of performance– in an unusual setting. Judge Parrillo...
Delaware Coalition for Open Government, Inc. v. Strine, 733 F.3d 510 (3d Cir. 2013). It is rare that judges, and a court, are defendants in a lawsuit. It is even...
Hedden v. Kean University, 434 N.J. Super. 1 (App. Div. 2013). This interlocutory appeal, which resulted in a 2-1 decision by the Appellate Division, involved issues of attorney-client privilege. In an...
Arroyo v. Durling Realty, LLC, 443 N.J. Super. 238 (App. Div. 2013). Judge Sabatino may be best known for his lengthy, scholarly published opinions in complex cases such as this one or...
The Ninth Circuit Court of Appeals has published "The Appellate Lawyer Representatives' Guide to Practice in the United States Court of Appeal for the Ninth Circuit." That Guide is available...
