Gormley v. Wood-El, 218 N.J. 72 (2014). Cases under the Civil Rights Act, 42 U.S.C. §1983, are often difficult for plaintiffs. Such cases often fail, frequently on dispositive motions, due to qualified...

Wreden v. Township of Lafayette, 436 N.J. Super. 117 (App. Div. 2014). As Judge Haas described it in this opinion, the "continuing tort doctrine, also known as the ‘continuing violation...

Litwin v. Whirlpool Corp., 436 N.J. Super. 80 (App. Div. 2014). In Portee v. Jaffee, 84 N.J. 88 (1980), the Supreme Court established "a cause of action for damages to...

Traetto v. Palazzo, 436 N.J. Super. 6 (App. Div. 2014). Plaintiff sought to enjoin defendants, her next-door neighbors, from allowing their son to play the drums in defendants' detached garage....

Cherilus v. Federal Express, 435 N.J. Super. 172 (App. Div. 2014). Plaintiff Joseph Cherilus was injured while working on a Federal Express loading dock. A "cargo lift" was the cause...

Robinson v. Vivirito, 217 N.J. 199 (2014). On her way to a diner on a Saturday, plaintiff Charlotte Robinson took a shortcut across a middle school property. As she crossed...

Badiali v. New Jersey Manufacturer's Insurance Group, 220 N.J. 544 (2015). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represents New Jersey Manufacturers Insurance Company in certain litigation, but the firm...

Port Liberte II Condominium Ass'n, Inc. v. New Liberty Residential Urban Renewal Co., LLC, 435 N.J. Super. 51 (App. Div. 2014). The caption in this case, a construction defect action...

Bhagat v. Bhagat, 217 N.J. 22 (2014). A father transferred stock in a close corporation to his son. Such transfers from parent to child are generally presumed to be gifts,...

DeMarco v. Stoddard, 434 N.J. Super. 352 (App. Div. 2014). In P.V. v. Camp Jaycee, 197 N.J. 132 (2008), discussed here, the Supreme Court replaced the "governmental interest test" that had guided...