Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts...
Last week, the Supreme Court announced that it had granted certification in five more cases. Three of them are criminal appeals, one involves additur after a jury verdict, and one...
Foreclosure Defendant May Not Fail to Pursue a Germane Defense and Then Sue for Fraud by Foreclosure
Adelman v. BSI Fin. Services, 453 N.J. Super. 31 (App. Div. 2018). This case, which was the subject of Judge Koblitz's decision today, arose out of a foreclosure action. Plaintiff,...
A.T v. M. Cohen, M.D., 231 N.J. 237 (2017). "This was an appeal as of right in a medical malpractice case in which plaintiff was a minor. Due to counsel's...
Thabo v. Z Transportation, 452 N.J. Super. 359 (App. Div. 2017). Under Rule 4:23-5, failure to make discovery can, in certain circumstances, result in dismissal of a complaint with prejudice....
Hamer v. Neighborhood Housing Services of Chicago, 138 S.Ct. 13 (2017). In Bowles v. Russell, 551 U.S. 205 (2007), the Supreme Court of the United States explained that an appeal...
If there is one case that every New Jersey litigator, and even most non-litigators, know, it is Brill v. Guardian Life Ins. Co., 142 N.J. 520 (1995). That opinion, written...
The Supreme Court announced yesterday that it has granted review in two new cases. The first is Willner v. Vertical Reality, Inc. The question presented there, as phrased by the...
L.C. v. M.A.J., 451 N.J. Super. 408 (App. Div. 2017). In Cho v. Trinitas Regional Medical Center, 443 N.J. Super. 461 (App. Div. 2016), discussed here, Judge Espinosa wrote an...
Sauter v. Colts Neck Volunteer Fire Co. No. 2, 451 N.J. Super. 581 (App. Div. 2017). The Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -14 ("CEPA") protects "employees who report...
