Thabo v. Z Transportation, 452 N.J. Super. 359 (App. Div. 2017). Under Rule 4:23-5, failure to make discovery can, in certain circumstances, result in dismissal of a complaint with prejudice....
Greenbriar Oceanaire Community Ass'n, Inc. v. U.S. Home Corp., 452 N.J. Super. 340 (App. Div. 2017). [Disclosure: I represent U.S. Home, though not in this case]. In today's decision in...
Yesterday and today, the Supreme Court did what it does not often do: affirm a decision of the Appellate Division substantially for the reasons expressed by the Appellate Division, rather...
Sparroween, LLC v. Township of West Caldwell, 452 N.J. Super. 329 (App. Div. 2017). Plaintiffs operated the Cigar Emporium in West Caldwell. In that business, they sell tobacco products, but...
Kadonsky v. Lee, 452 N.J. Super. 198 (App. Div. 2017). In this appeal, plaintiff petitioned the New Jersey Division of Consumer Affairs ("the Division") to have marijuana rescheduled from a...
Pollack v. Quick Quality Restaurants, Inc., 452 N.J. Super. 174 (App. Div. 2017). The first paragraph of Judge Gibbons Whipple's opinion for the Appellate Division well encapsulated what this appeal...
Cottrell v. Alcon Laboratories, 874 F.3d 154 (3d Cir. 2017). Eye drops can be helpful to many people, but putting drops in one's eyes is unpleasant at many levels. One...
Mellet v. Aquasid, LLC, ___ N.J. Super. ___ (App. Div. 2017). The decision in this consumer protection case was issued in June as an unpublished opinion. Defendant then asked the...
Dugan v. TGI Friday's, Inc., 231 N.J. 24 (2017). In these two closely-watched consumer class action decisions, each of which involved claims regarding defendants' alleged failure to disclose the price...
At last night's New Jersey State Bar Association Appellate Practice Committee meeting, statistics from the 2016-17 Term of the Appellate Division were presented. Many of them are substantially similar to...
