Riley v. New Jersey State Parole Bd., 423 N.J. Super. 224 (App. Div. 2011). The Constitutions of both the United States and New Jersey contain provisions that ban ex post facto laws....
Trump v. O'Brien, ___ N.J. Super. ___ (App. Div. 2011). Donald Trump normally enjoys publicity. Tim O'Brien, a financial reporter, wrote a book about Trump that stated, among other things,...
Today's Star-Ledger contained an obituary of Elizabeth Bernoskie. She was the widow of Rahway police officer Charles Bernoskie, who was killed in the line of duty in 1958. Forty years...
Kieffer v. High Point Ins. Co., 422 N.J. Super. 38 (App. Div. 2011). This matter involves three consolidated cases. In each, one or more insureds sued their auto insurer after their cars had been...
Doe v. Megless, ___ F.3d ___ (3d Cir. 2011). Federal Rule of Civil Procedure 10(a) requires that the title of a complaint "name all the parties." Despite that, in exceptional circumstances, courts...
Local Baking Products, Inc. v. Kosher Bagel Munch, Inc., 421 N.J. Super. 268 (App. Div. 2011). The Telephone Consumer Protection Act, 47 U.S.C. §227 ("TCPA"), prohibits the sending of unsolicited...
Badalamenti v. Simkiss, 422 N.J. Super. 86 (App. Div. 2011). Advocates of "tort reform" like to complain that New Jersey courts will allow anyone to proceed, or even to recover,...
Canter v. Lakewood of Voorhees, 420 N.J. Super. 508 (App. Div. 2011). Under cases such as State v. Ventron, 94 N.J. 473 (1983), a court may, in proper circumstances, "pierce the...
Nostrame v. Santiago, 420 N.J. Super. 427 (App. Div. 2011). Many attorneys have seen a potentially lucrative case walk out the door because the client has decided to switch attorneys. The...
State May Appeal Trial Court's Denial of Mandatory Forfeiture of Convicted Criminal Defendant's Public Employment
State v. Kennedy, 419 N.J. Super. 475 (App. Div. 2011). Under N.J.S.A. 2C:44-1(f)(2), the State can appeal a criminal sentence only under limited circumstances. The defendant in this case, an employee of the...