Maeker v. Ross, 430 N.J. Super. 79 (App. Div. 2013). In 2010, the Legislature amended the Statute of Frauds, N.J.S.A. 25:1-5(h), to cover "palimony" agreements, that is, "[a] promise by one party to...
Mastropole v. Giunta, 2012 N.J. Super. LEXIS 86 (App. Div. Jan. 15, 2013). This is a contract case that my colleague Marissa L. Quigley and I handled under the Appellate Division's...
Benjamin v. Pennsylvania Dep't of Public Welfare, 701 F.3d 938 (3d Cir. 2012). In this class action brought by persons with mental retardation who reside in intermediate care facilities operated by defendants,...
Burke v. Brandes, 429 N.J. Super. 169 (App. Div. 2012). This opinion, by Judge Parrillo, addresses an Open Public Records Act ("OPRA") request made to the Office of the Governor for government records regarding...
Crystal Ice-Bridgeton, LLC v. City of Bridgeton, 428 N.J. Super. 576 (App. Div. 2012). Plaintiff's building caught fire. Bridgeton firefighters responded and were at the site for nine hours. While the fire...
Rarer Than a Purple Cow: Denial of Certification, Reconsideration, and Then a Grant of Certification
On this date in 1991, a rarity occurred. In Perini Corp. v. Greate Bay Hotel & Casino, Inc., 127 N.J. 546 (1991), the Supreme Court had denied both a petition...
Kandrac v. Marrazzo's Market at Robbinsiville, 429 N.J. Super. 79 (App. Div. 2012). "[A]s a general rule, when a commercial tenant in a multi-tenant shopping center has no control or contractual obligation...
New Jersey Ass'n of School Administrators v. Cerf, 428 N.J. Super. 588 (App. Div. 2012). To help reduce property taxes by limiting school district spending, the Department of Education approved, by rule,...
Clark v. Clark, 429 N.J. Super. 61 (App. Div. 2012). Generally, "marital fault is irrelevant" to a determination of alimony. However, in Mani v. Mani, 183 N.J. 70 (2005), the Supreme Court recognized...
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...