This first post of 2013 discusses a fundamental principle of appellate review: "our appellate courts will decline to consider questions or issues not properly presented to the trial court when...
Onyx Leasing Systems, Inc. v. Stevens, 2012 N.J. Super. Unpubl. LEXIS 2830 (App. Div. Dec. 28, 2012). Amercement is a cause of action that, according to the per curiam opinion in...
As reported here, the Supreme Court of New Jersey previously granted review of Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011), a putative consumer class action...
Chiarello v. PERS Bd. of Trustees, 429 N.J. Super. 194 (App. Div. 2012). This opinion by Judge Fisher addressed the question of whether the application of plaintiff for a disability retirement from...
L&W Supply Corp. v. DeSilva, 429 N.J. Super. 179 (App. Div. 2012). In Craft v. Stevenson Lumber Yard, Inc., 179 N.J. 56 (2004), the Supreme Court ruled that a supplier of materials...
The Supreme Court announced this morning that it has granted certification in Beim v. Hulfish, 427 N.J. Super. 560 (App. Div. 2012). The decision of the Appellate Division was discussed here. The...
In re Veto of Minutes of New Jersey Racing Comm'n, 429 N.J. Super. 277 (App. Div. 2012). This case, in which Judge Messano wrote the Appellate Division's opinion, involved an unusual statutory...
Burke v. Brandes, 429 N.J. Super. 169 (App. Div. 2012). This opinion, by Judge Parrillo, addresses an Open Public Records Act ("OPRA") request made to the Office of the Governor for government records regarding...
Governor Christie announced today that he was nominating Robert Hanna and Judge David Bauman to fill the two Supreme Court seats now occupied by temporarily-assigned judges of the Appellate Division....
Santiago v. New York & New Jersey Port Authority, 429 N.J. Super. 150 (App. Div. 2012). N.J.S.A. 32:1-163 states that "in the case of any suit, action or proceeding for the recovery...