State v. Morgan, 217 N.J. 1 (2013). In State v. Morgan, 423 N.J. Super. 453 (App. Div. 2011), discussed here, the Appellate Division found no bar to a trial judge...
Hirsch v. Amper Financial Services, LLC, 215 N.J. 174 (2013). Arbitration is a matter of contract. The issue in this case was whether non-parties to an arbitration agreement could be compelled to...
Norfolk Southern Railway Co. v. Intermodal Properties, LLC, 210 N.J. 261 (2013). New Jersey law allows railroads and public utilities to take private property by eminent domain. N.J.S.A. 48:3-17.7 requires that any such taking...
Ten Stary Dom Partnership v. Mauro, 216 N.J. 16 (2013). Less than two weeks after issuing an opinion about conditional use variances, the Supreme Court today turned to bulk variances...
Hayes v. Wal-Mart Stores, Inc., 725 F.3d 349 (3d Cir. 2013). In this consumer class action, the Third Circuit, in an opinion by Judge Scirica, vacated class certification. That decision rested largely...
In an article available here, Law360 reports today that there has been a precipitious drop in requests for oral argument in the Appellate Division. Citing statistics from the judiciary, the...
Cumberland Cty. Bd. of Freeholders v. Vitetta Group, P.C., 431 N.J. Super. 596 (App. Div. 2013). Most cases involving the construction statute of repose, N.J.S.A. 2A:14-1.1, involve how to determine when the...
Yesterday's Star-Ledger contained a review of this book, which is edited by Paul L. Tractenberg and published by Rutgers University Press. That review is available here. According to the review, the...
On this date in 1973, the Supreme Court decided Berzito v. Gambino, 63 N.J. 460 (1973). Berzito was the third in a series of Supreme Court decisions that modernized residential...
Longo v. Pleasure Productions, Inc., 215 N.J. 48 (2013). A plaintiff under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8 ("CEPA"), can recover punitive damages against an employer, under the doctrine...