The oral argument in the Supreme Court of the United States today about the Affordable Care Act, a/k/a "Obamacare," has drawn so much attention that it has overshadowed the nearly...
In re Application of Xiangjing Zhan, 424 N.J. Super. 231 (App. Div. 2012). A permanent resident alien sought to invoke New Jersey's name change statute, N.J.S.A. 2A:52-1 to -4, to change his...
In re Petition for Referendum to Repeal Ordinance 2010-27 of Margate City, 424 N.J. Super. 242 (App. Div. 2012). The Home Rule Act, N.J.S.A. 40:49-27, establishes the right to a public referendum...
State v. Regis, 208 N.J. 439 (2011). It did not take long for Justice Patterson to write her first opinion for the Supreme Court. As is usually the case with the first...
Bank of New York v. Laks, 422 N.J. Super. 201 (App. Div. 2011). N.J.S.A. 2A:50-56(c)(11), a part of the Fair Foreclosure Act ("FFA"), requires a lender who plans to foreclose on a mortgage...
Perrelli v. Pastorelle, 206 N.J. 193 (2011); Voss v. Tranquilino, 206 N.J. 93 (2011). Yesterday, the Supreme Court decided two cases involving two different sub-sections of N.J.S.A. 39:6A-4.5. Both cases...
New Jersey Dep't of Environmental Protection v. Exxon Mobil Corp., 420 N.J. Super. 395 (App. Div. 2011). N.J.S.A. 58:10B-17.1(b) ("the extension statute") extends the normal statute of limitations for environmental...
State v. Witczak, 2011 WL 1364012 (App. Div. April 12, 2011). This blog usually is allergic to criminal decisions. But this criminal case involved a virtually even split in the federal Circuit Courts...
State v. Shelley, 205 N.J. 320 (2011). Statutory interpretation questions pop up endlessly. In this case, defendant was accused of selling cocaine within 1,000 feet of a school, in violation of N.J.S.A. 2C:35-7, which criminalizes drug...
New Jersey Manufacturers Insurance Group/Garrison Lange v. Holger Trucking Corp., 417 N.J. Super. 393 (App. Div. 2011). "N.J.S.A. 39:6A-9.1 requires that an insurer, which has provided personal injury protection (PIP) benefits, must...