Walker v. Giuffre, 209 N.J. 124 (2012). In Walker and Humphries v. Powder Mill Shopping Plaza, two different Appellate Division panels had each ruled that restrictive principles governing attorneys' fee awards under federal fee-shifting statutes, as...
Jersey Central Power & Light Co. v. Melcar Utility Co., 212 N.J. 576 (2013). Article I, paragraph 9 of the New Jersey Constitution provides that "the right to trial by jury shall...
Yesterday, Governor Christie announced his nominations to fill the Supreme Court seat that had been occupied by Justice Wallace and the seat the Justice Long will soon vacate as she turns...
Polzo v. County of Essex, 209 N.J. 151 (2012). Plaintiff's wife was riding with other bicyclists on the shoulder of an Essex County road. She rode over a 1-1/4? depression (a dip in...
The Supreme Court announced today that it has granted certification in Willingboro Mall, Ltd. v. 240/242 Franklin Avenue, LLC, 421 N.J. Super. 445 (App. Div. 2011). The decision of the Appellate Division...
Selective Ins. Co. v. Rothman, 208 N.J. 580 (2012). The issue in this case, which arose out of the plaintiff insurance company's denial of personal injury protection ("PIP") claims for payment of...
In October, President Obama nominated Judge Shwartz to a seat on the Third Circuit Court of Appeals. Senator Lautenberg promptly hailed that nomination. Senator Menendez did not. Today, major newspapers...
Last week's decision in the Diamond Antitrust case, where an en banc Third Circuit undid a 2-1 panel decision in which a district judge, sitting by designation, was one of the members of...
State v. Morgan, 423 N.J. Super. 453 (App. Div. 2011). Rule 1:8-8(a) states that a trial court, "in its discretion, may submit a copy of all or part of its instructions to...
One of the saddest days for the judicial system is the day that the Supreme Court finds it necessary to remove a judge from his or her judicial office in...
