C.E. v. Elzabeth Public School District, ___ N.J. Super. ___ (App. Div. 2025). This opinion by Judge Smith today was the second ruling by the Appellate Division in this case. The previous decision was summarized here....
In re Opinion No. 745 of the Supreme Court Advisory Committee on Professional Ethics, __ N.J. ___ (2025). Rule 1:39-6(d) creates an exception to the general principle, embodied in Rules of Professional Conduct ("RPC") 7.2(c) and 7.3(d), that New Jersey attorneys may not pay referral fees, with only limited exceptions. The exception in Rule 1:39-6(d) permits only attorneys who have satisfied the requirements of becoming certified by the Supreme Court in a particular area of practice to pay referral fees....
On February 12, 1951, the Supreme Court decided Lang v. Morgan's Home Equipment Corp., 6 N.J. 333 (1951). The Court's unanimous opinion, written by Chief Justice Vanderbilt, appears to be the first decision from the Court relating to principles of sanctions for discovery violations....
Tomorrow, February 12, a panel of judges on Part F will hear oral argument in Wang v. COA Hudson 99, LLC. The case involves an arbitration clause in a Subscription and Purchase Agreement for a condominium residence unit. Plaintiffs on this appeal, purchasers of the unit, declined to close because, they asserted, the unit was substantially smaller than had been represented to them. Defendants in this case filed a demand for American Arbitration Association ("AAA") arbitration, contending that the buyers had breached the contract by failing to close and that defendants were entitled to retain the buyers' deposit....
The Supreme Court announced that it has granted review in seven new appeals. Two of those matters (one civil and one criminal) involve leave to appeal, while the others are before the Court on grants of certification....
On Wednesday, January 22, a panel of Part E will hear oral argument in Atlantic ER Physicians Team Pediatrics Associates, P.A. v. UnitedHealth Group, Inc. The issue is one involving discovery of electronically stored information ("ESI"). In the 21st century, ESI has become a fixture in complex litigation, and sometimes in non-complex cases as well....
Brehme v. Irwin, 259 N.J.505 (2025). One might intuitively think that a plaintiff who accepts full payment of a civil judgment for damages from an auto accident including pain and suffering, disability, impairment, loss of enjoyment of life, and past lost wages, and signs a warrant to satisfy judgment cannot then an appeal a ruling on a motion in limine that barred evidence of future medical expenses....
With the coming of the new year, this blog went onto a new platform. That fact, along with a Supreme Court oral argument and a Committee on Character hearing last week, has left this blog behind as 2025 begins. Our appellate courts, however, have been active. Here are summaries of their January 2025 published opinions to date:...
In the Matter of A.D., an Alleged Incapacitated Person, ___ N.J. ___ (2024). This case was an appeal from a decision of the Appellate Division, discussed here, that the Office...
The Supreme Court announced that it has granted certification in Borough of Englewood Cliffs v. Trautner. The question presented, as phrased by the Supreme Court Clerk's office, is "Is a...
