Standing

Webcasts of Supreme Court of New Jersey Oral Arguments

On this date in 2005, the Supreme Court of New Jersey began to provide live webcasts of its oral arguments. The very first case argued, NCP Litigation Trust v. KPMG...

Draft Agency Report is Absolutely Protected From Disclosure Under Open Public Records Act; Government Records Council May Not Decide Common Law Right of Access Claims

Ciesla v. New Jersey Dep't of Health & Senior Services, 429 N.J. Super. 127 (App. Div. 2012). This was an appeal of a decision of the Government Records Council ("GRC"), the state...

The U.S. Supreme Court Says it Again: It is for the Arbitrator, Not a Court, to Decide Whether a Contract Containing an Arbitration Clause is Valid

Nitro-Lift Technologies, LLC v. Howard, 133 S.Ct. 500 (2012). In a line of cases that includes Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395 (1967), and Buckeye Check...

Standing is Not Jurisdictional in New Jersey State Court

Deutsche Bank Nat'l Trust Co. v. Russo, 429 N.J. Super. 91 (App. Div. 2012). This was another mortgage foreclosure case in which defendants belatedly asserted that plaintiff lacked standing because plaintiff was...

Firing Alcoholic Employee for Failing Random Alcohol Test Required Only of Alcoholics, Where No Issue of Job Performance was Raised, Could Violate NJLAD

A.D.P. v. ExxonMobil Research & Eng. Co., 428 N.J. Super. 518 (App. Div. 2012). Plaintiff had worked for defendant ("Exxon") for over 29 years. Exxon required her to sign an agreement that...

Motion to Vacate Foreclosure Judgment for Lack of Standing by Plaintiff Came Too Late

Deutsche Bank Trust Company Americas v. Angeles, 428 N.J. Super. 315 (App. Div. 2012). In this foreclosure case, defendant tried to argue that because his mortgage was not assigned to...

Even Under New Jersey State Law, Standing Has Limits

Kaufman v. Allstate New Jersey Ins. Co.., 2012 WL 3870323 (App. Div. Sept. 7, 2012). As discussed here, New Jersey has more liberal rules for standing to sue than do the...

Standing to Appeal

United States v. Stoerr, 695 F.3d 271 (3d Cir. 2012). Defendant was convicted of participating in bid-rigging and receiving kickbacks while employed at Sevenson Environmental Services, Inc. ("Sevenson"). Sevenson, which...

Ten Years Since Lonegan I

On this date in 2002, the Supreme Court of New Jersey decided Lonegan v. State, 174 N.J. 435 (2002). There, plaintiffs mounted a challenge to numerous types of state "contract debt"...

"The Song Remains the Same": There's No Automatic Right to Appeal an Interlocutory Order, and Improper Appeals Will be Dismissed

House of Fire Christian Church v. Clifton Bd. of Adj., 426 N.J. Super. 157 (App. Div. 2012). The Appellate Division has repeatedly admonished parties, attorneys, and trial level judges that it is improper to...

12345678910111213141516171819202122…