Judges

Physician Who Was Retired at the Time of "the Occurrence That is the Basis for the Action" is Not "Statutorily Authorized to Testify" as an Expert in a Medical Malpractice Case

Medina v. Pitta, 442 N.J. Super. 1 (App. Div. 2015). The New Jersey Medical Care Access and Responsibility and Patients First Act, N.J.S.A. 2A:53A-37 to -42 ("PFA"), "established enhanced qualification...

The Third Circuit Upholds Class Certification in a Long-Running Case

In re Community Bank of Northern Virginia Mortgage Lending Practices Litigation, 795 F.3d 380 (3d Cir. 2015). Every five years, the Third Circuit issues an opinion on class certification in...

Redd v. Bowman: The Supreme Court Says That the Faulkner Act Initiative Proponents Must Start All Over Again

Redd v. Bowman, 223 N.J. 87 (2015). In Redd v. Bowman, 433 N.J. Super. 178 (App. Div. 2013), discussed here, the Appellate Division held that an initiative petition with a...

An Unusual Lineup in the Supreme Court

Ross v. Lowitz, 222 N.J. 494 (2015). This case involved damage resulting from the migration of home heating oil from an underground storage tank on one property onto a neighboring...

Length of Marriage is Not Alone Dispositive as to Alimony

Gnall v. Gnall, 222 N.J. 414 (2015). N.J.S.A. 2A:14-23(b) lists twelve factors, plus a "catch-all" thirteenth factor, that are to be considered in determining whether to award alimony. One of...

The Seventh Circuit Rejects Carrera Ascertainability, and Cites Judge Fisher With Approval

Regular readers of this blog have seen frequent criticism of the class action "ascertainability" doctrine espoused by Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013). Recently, as discussed...

"Retired and on Recall" Superior Court Judges are Constitutional, Supreme Court Says in State v. Buckner

State v. Buckner, 223 N.J. 1 (2015). In one of the biggest cases of the current the Supreme Court term, the Court today upheld the practice of permitting retired judges...

Employee's Comparative Negligence in Workplace Accident Case Can be Submitted to the Jury

Fernandes v. DAR Development Corp., 222 N.J. 390 (2015). Kane v. Hartz Mountain Industries, Inc., 278 N.J. Super. 129 (App. Div.1994), aff'd o.b., 143 N.J. 141 (1996), ruled that the...

Hearsay, Business Record, and Expert Testimony Errors Require a New Trial

Gonzalez v. Hugelmeyer, 441 N.J. Super. 451 (App. Div. 2015). This auto accident case went to trial and produced a verdict for plaintiffs. The defendant driver appealed, and the Appellate...

Ordinances Increasing Municipal Appropriations by Not More Than 3.5% Cannot be the Subject of a Faulkner Act Referendum

Roseff v. Byram Tp., 432 N.J. Super. 8 (App. Div. 2013). The referendum provision of the Faulkner Act, N.J.S.A. 40:69A-185, which permits citizens to petition for a referendum to seek to overturn a...

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