The Supreme Court of New Jersey has adopted changes to two appellate rules. Both changes will go into effect on September 1, 2011. First, the list of judgments deemed to...
NAACP of Camden County East v. Foulke Management Corp., 421 N.J. Super. 404 (App. Div. 2011). This consumer class action was the occasion for another typically scholarly opinion by Judge Sabatino. Geraldine...
Raverta v. Lake Mohawk Golf Club, 2011 WL 3207945 (App. Div. July 29, 2011). Rule 4:6-2(e) allows a defendant to move to dismiss a complaint for failure to state a claim....
Luchejko v. City of Hoboken, 207 N.J. 191 (2011). Sidewalk liability cases have bedeviled our Supreme Court for many years. In Stewart v. 104 Wallace Street, Inc., 87 N.J. 146 (1981),...
Futterman v. Board of Review, 421 N.J. Super. 281 (App. Div. 2011). This case arose out of the 2009 agreement between the Christie administration and the union that represents state...
Triffin v. Capital One, 2011 WL 2848271 (App. Div. July 20, 2011). Under Rule 1:36-3, "[n]o unpublished opinion shall constitute precedent," and "except to the extent required by res judicata, collateral estoppel, the single...
Gupta v. Asha Enterprises, LLC, 422 N.J. Super. 136 (App. Div. 2011). Many religious believers have dietary restrictions. When they purchase food that is represented as being acceptable under those...
Local Baking Products, Inc. v. Kosher Bagel Munch, Inc., 421 N.J. Super. 268 (App. Div. 2011). The Telephone Consumer Protection Act, 47 U.S.C. §227 ("TCPA"), prohibits the sending of unsolicited...
Chief Justice Rabner announced today that, effective August 1, 2011, Judges Hayden, Ostrer and St. John were all being elevated to the Appellate Division. All three of those judges were previously...
Open MRI & Imaging v. Mercury Ins. Group, 421 N.J. Super. 160 (App. Div. 2011). N.J.S.A. 2A:23A-18b, p;art of the Alternative Procedures for Dispute Resolution Act ("APDRA"), provides that "[u]pon the...