Allstate New Jersey Ins. Co. v. Neurology Pain Associates, 418 N.J. Super. 246 (App. Div. 2011). The Automobile Insurance Cost Reduction Act ("AICRA") changed the way personal injury protection ("PIP") benefit arbitrations...
Wells Fargo Bank, N.A. v. Ford, 418 N.J. Super. 592 (App. Div. 2011). The question of whether foreclosing mortgagees have the proper proofs to support their cases has been all over the news...
State v. Gaffey, 92 N.J. 374 (1983). Today is the 28th anniversary of this opinion, so it seems appropriate to revisit this case today. Though the "meritorious issue [was] whether...
Marrero v. Feintuch, 418 N.J. Super. 48 (App. Div. 2011). Numerous cases say that in New Jersey state courts, pretrial discovery in civil cases is very broad. This case reiterates that principle...
Porreca v. City of Millville, 419 N.J. Super. 212 (App. Div. 2011). Rule 4:42-9(a)(2) permits recovery of attorneys' fees from a "fund in court." Porreca, a decision written by Judge Axelrad, held that the...
Taylor v. Community Medical Center, 2011 WL 181370 (App. Div. Jan. 21, 2011). This was an appeal by a plaintiff in a medical malpractice matter. Her complaint was dismissed for...
Nead v. Union Cty. Educ. Servs. Comm'n, 2011 WL 166205 (App. Div. Jan. 20, 2011). This case, which resulted in a reversal of a trial court's decision to dismiss an employment discrimination case, teaches several things...
State v. Ciancaglini, 204 N.J. 597 (2011). This case posed the question of whether a violation of the breathalyzer refusal statute, N.J.S.A. 39:4-50.4a, can be used to enhance a conviction under the DWI...
The courts are closed today for Martin Luther King, Jr. Day. That may mean that there is some time to check out the recently updated version of the New Jersey...
Oceanside Charter School v. New Jersey Dep't of Education, 418 N.J. Super. 1 (App. Div. 2011). On the merits, this decision, written by Judge Carchman, stands for a simple proposition: a...