Judges

Conflicting Unpublished Opinions Lead to a Published Decision

Badiali v. New Jersey Manufacturers Ins. Group., 429 N.J. Super. 121 (App. Div. 2012). As Judge Fisher noted at the start of his opinion, the Appellate Division previously ruled, in a case...

A Warning From the First Circuit: An Appeal Where Briefs Did Not Adequately Cite the Record or Argue Caselaw is Dismissed

Machado-Rodriguez v. Shinseki, 700 F.3d 48 (1st Cir. 2012). This was an employment discrimination case, a type of lawsuit that the First Circuit Court of Appeals recognized is often complex. Summary judgment was granted...

Party That Filed Multiple Motions in Court Waived Arbitration Clause

Bellevue Drug Co. v. Caremark SPCS, 700 F.3d 109 (3d Cir. 2012). This was an antitrust class action. Plaintiffs, who are retail pharmacy businesses, and defendant, who is a prescription benefits manager for...

General Contractor Found Not Liable for Injuries to Subcontractor's Employee

Tarabokia v. Structure Tone, 429 N.J. Super. 103 (App. Div. 2012). "The issue is whether, under the circumstances presented, the general or prime contractor has a duty to ensure the safety of...

Standing is Not Jurisdictional in New Jersey State Court

Deutsche Bank Nat'l Trust Co. v. Russo, 429 N.J. Super. 91 (App. Div. 2012). This was another mortgage foreclosure case in which defendants belatedly asserted that plaintiff lacked standing because plaintiff was...

City Not Liable for Partial Demolition of Burning Building Where Necessary to Fight the Fire

Crystal Ice-Bridgeton, LLC v. City of Bridgeton, 428 N.J. Super. 576 (App. Div. 2012). Plaintiff's building caught fire. Bridgeton firefighters responded and were at the site for nine hours. While the fire...

Where a Shopping Center Lease Requires the Landlord to Maintain the Parking Lot, a Tenant is Normally Not Liable to a Patron Injured in That Lot

Kandrac v. Marrazzo's Market at Robbinsiville, 429 N.J. Super. 79 (App. Div. 2012). "[A]s a general rule, when a commercial tenant in a multi-tenant shopping center has no control or contractual obligation...

Firing Alcoholic Employee for Failing Random Alcohol Test Required Only of Alcoholics, Where No Issue of Job Performance was Raised, Could Violate NJLAD

A.D.P. v. ExxonMobil Research & Eng. Co., 428 N.J. Super. 518 (App. Div. 2012). Plaintiff had worked for defendant ("Exxon") for over 29 years. Exxon required her to sign an agreement that...

Department of Education Cap on School Superintendent Salary is Valid

New Jersey Ass'n of School Administrators v. Cerf, 428 N.J. Super. 588 (App. Div. 2012). To help reduce property taxes by limiting school district spending, the Department of Education approved, by rule,...

"Egregious Fault" by Spouse May Bar Any Award of Alimony

Clark v. Clark, 429 N.J. Super. 61 (App. Div. 2012). Generally, "marital fault is irrelevant" to a determination of alimony. However, in Mani v. Mani, 183 N.J. 70 (2005), the Supreme Court recognized...

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