LinkedIn Social Share

Standard of review

The Appellate Division Addresses the Noerr-Pennington Doctrine

Main Street at Woolwich, LLC v. Ammons Supermarket, Inc., 415 N.J. Super. 135 (App. Div. 2017). The Noerr-Pennington doctrine, which originated in two cases from the Supreme Court of the...

Defendant Who Fails to Timely Serve Notice of Tort Claim Cannot Sue Public Entity for Contribution or Common Law Indemnification

Jones v. Morey's Pier, Inc., 230 N.J. 142 (2017). Under the New Jersey Tort Claims Act, N.J.S.A. 59:8-8, a tort plaintiff who fails to timely serve a notice of tort...

Appellate Court's View That Merits of a Case Are Weak Does Not Justify Abandoning Deferential Standard of Review of Trial Level Discovery Rulings

Capital Health System, Inc. v. Horizon Healthcare Services, Inc., 230 N.J. 73 (2017). These two consolidated cases involved rulings on discovery disputes, a subject that rarely reaches the Supreme Court....

Life Estates in Real Property Are Subject to Principles of Equitable Subrogation

Ocwen Loan Services, LLC v. Quinn, 450 N.J. Super. 393 (App. Div. 2017). The doctrine of equitable subrogation provides that "a refinancing lender whose security turns out to be defective...

No Property Tax Exemption for Disabled Veteran Whose Injuries Did Not Occur "In a Theater of Operation"

Fisher v. City of Millville, 450 N.J. Super. 610 (App. Div. 2017). Article VIII, section 1, paragraph 3 of the New Jersey Constitution allows the Legislature to enact legislation that...

A Treatise on Personal Jurisdiction From Judge Lihotz

Dutch Run-Mays Draft, LLC v. Wolf Block, LLP, 450 N.J. Super. 590 (App. Div. 2017). Issues of personal jurisdiction crop up fairly frequently, despite New Jersey's settled principle of applying...

Despite Girsh v. Jepson, A District Court Need Not Always Determine the Best Potential Recovery in Order to Approve a Class Action Settlement

Halley v. Honeywell International, Inc., 861 F.3d 481 (3d Cir. 2017). This was an environmental contamination class action involving lands in Jersey City, New Jersey. After "five years of extensive...

Literal Reading of Police and Fire Public Interest Arbitration Reform Act on Applicability of Cap on Arbitration Awards Would Yield Absurd Results, so the Appellate Division Rejects That Outcome

In re State of New Jersey and Fraternal Order of Police Lodge 91, 450 N.J. Super. 286 (App. Div. 2017). In her opinion for the Appellate Division today, Judge Reisner...

"Reasonable Expectations of the Insured" Did Not Defeat Clear Policy Exclusion of "Insured vs. Insured" Claims

Abboud v. National Union Fire Ins. Co., 450 N.J. Super. 400 (App. Div. 2017). This opinion by Judge Ostrer interpreted an "insured vs. insured" exclusion in a directors and officers...

State Comptroller Need Not Give Reasons for Auditing Local Government Units

Larkins v. Solter, 450 N.J. Super. 519 (App. Div. 2017). The Office of the State Comptroller ("OSC") was established by the Legislature in 2007, in order to subject governmental financial...

12345678910111213141516171819202122232425262728293031323334353637…