Joseph v. United States, ___ U.S. ___ (2014). Most if not all appellate courts have a rule that issues not raised in an opening brief cannot be raised in subsequent...
Justice Robert L. Clifford died on Saturday, November 29. He was 89 years old. Justice Clifford served on the Supreme Court for twenty one years, from 1973 to 1994. During...
Moran v. Board of Trustees, Police & Firemen's Retirement System, 438 N.J. Super. 346 (App. Div. 2014). This appeal was by a firefighter who sought an accidental disability retirement pension under...
Hurwitz v. AHS Hospital Corp., 438 N.J. Super. 269 (App. Div. 2014). The Healthcare Quality Improvement Act of 1986 ("HCQIA"), 42 U.S.C. §§11111-11112, creates an immunity from damages claims arising...
As reported here, Judge Gibbons Whipple was previously elevated to the Appellate Division, to serve on Part G, for a term extending from September 15, 2014 through November 23, 2014. Today,...
Atalese Arbitration Ruling Applies to Common Law Claims as Well as Statutory Claims
Dispenziere v. Kushner Companies, 438 N.J. Super. 11 (App. Div. 2014). In Atalese v. United States Legal Services Group, L.P., 219 N.J. 430 (2014), discussed here, the Supreme Court ruled that...
Rutgers University Student Assembly v. Middlesex Cty. Bd. of Elections, 438 N.J. Super. 93 (App. Div. 2014). Plaintiffs challenged the constitutionality of N.J.S.A. 19:31-6.3b, which, as Judge Haas described it...
L.T. v. F.M., 438 N.J. Super. 76 (App. Div. 2014). This case began with plaintiff obtaining a final restraining order ("FRO") against defendant in the Family Part because defendant had...
Mortgage Grader, Inc. v. Ward & Olivo, LLP, 438 N.J. Super. 202 (App. Div. 2014). In the legal malpractice context, a "tail" insurance policy is one that "provides insurance coverage for malpractice...
In an article in Tuesday's New York Times, Adam Liptak reported that opponents of same-sex marriage are challenging the composition of Ninth Circuit panels that have heard cases involving gay...
