State v. Yough, 208 N.J. 385 (2011). The main focus of this opinion by Justice Albin was whether the Law Division abused its discretion in declining to grant a mistrial when a...
Kane Properties, LLC v. City of Hoboken, 423 N.J. Super. 49 (App. Div. 2011). Plaintiff had obtained use variances from Hoboken's Zoning Board of Adjustment. Those variances allowed plaintiff to build a high-rise...
New Jersey DYFS v. I.S.. 423 N.J. Super. 124 (App. Div. 2011). The Appellate Division is often asked to reconsider its decisions. It does so only rarely, and even more rarely does...
Happy Thanksgiving to all readers of this blog. At your Thanksgiving table, think about this: the opposite of gratitude is not ingratitude– it is expectation. Enjoy the holiday!...
On November 18, an Appellate Division panel consisting of Judges Carchman, Fisher and Nugent denied the State's motion for a stay pending the appeal, now before the Supreme Court on...
US Airways, Inc. v. McCutchen, 663 F.3d 671 (3d Cir. 2011). After defendant McCutchen suffered a serious auto accident, a benefit plan administered by plaintiff US Airways paid him nearly $67,000 for his...
The Supreme Court's grant last Thursday of direct certification of the judges' pension case, DePascale v. New Jersey, has generated some controversy. Governor Christie, for example, criticized the Court for preempting Appellate Division review....
Nine minutes ago, the Supreme Court of the United States announced that among the cases it will take up are three cases involving the constitutionality of the Patient Protection and Affordable...
Rockaway Shoprite Associates, Inc. v. City of Linden, 424 N.J. Super. 337 (App. Div. 2011). For many years, a large General Motors assembly plant occupied a 47.5 acre site in...
Often overlooked is the fact that the Supreme Court of New Jersey is more than just the court of last resort for state court appeals. Under Article VI, section 2,...
