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...
McDade v. Siazon, 208 N.J. 463 (2011). Under the Tort Claims Act, N.J.S.A. 59:8-8(a), one who wishes to make a tort claim against a public entity must first file a notice of...
Sullivan v. DB Investments, Inc., 667 F.3d 273 (3d Cir. 2011). By a 7-2 vote, the Third Circuit, sitting en banc, disagreed with a panel decision (613 F.3d 134 (3d Cir. 2010)), vacated...
The Salt & Light Company, Inc. v. Willingboro Tp. Bd. of Adj., ___ N.J. Super. ___ (App. Div. 2011). Normally, in considering whether to grant a use variance, boards of...
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...
K.L. v. Evesham Tp. Bd. of Educ., 423 N.J. Super. 337 (App. Div. 2011). There are not many published appellate cases in New Jersey that discuss in any detail the attorney-client privilege...
Newark Morning Ledger Co. v. New Jersey Sports & Exposition Authority, 423 N.J. Super. 140 (App. Div. 2011). The Newark Star-Ledger filed a request under the Open Public Records Act, N.J.S.A. 47:1A-1...
Schulmann v. Director, New Jersey Div. of Taxation, 423 N.J. Super. 333 (App. Div. 2011). Daniel Schulmann used personal funds to pay certain commissions that two "S corporations" were contractually obligated to pay to...