NuWave Investment Corp. v. Hyman Beck & Co., 221 N.J. 495 (2015). This short per curiam opinion, issued today, affirmed the ruling of the Appellate Division, which was reported at...

On May 22, 2002, the Supreme Court decided Shelcusky v. Garjulio, 172 N.J. 185 (2002). That was a personal injury case in which a forklift driver at a plant where...

Templin v. Independence Blue Cross, 785 F.3d 861 (3d Cir. 2015). "A party seeking attorney's fees under ERISA [the Employees Retirement Income Security Act] must show ‘some success' on the...

Beyer v. Sea Bright Borough, 440 N.J. Super. 424 (App. Div. 2015). The New Jersey Tort Claims Act, N.J.S.A. 59:8-8, requires anyone who wants to bring a tort claim against...

On May 18, 1896, the Supreme Court of the United States decided Plessy v. Ferguson, 163 U.S. 537 (1896). This is another of the Court's "Supreme Mistakes," as voted by...

Daniels v. Hollister Co., 440 N.J. Super. 359 (App. Div. 2015). Readers of this blog have gotten their fill (including, most recently, here and here) of discussion and analysis of...

Burgos v. New Jersey is a case that asserts that the State's failure to make the full amortization payment required by statute as part of the State's contribution to the pension...

Today, the Supreme Court of New Jersey heard oral argument in this important case. The procedural history of the case is discussed here. The argument ran from just after 10...

State v. Perini Corp., 221 N.J. 412 (2015). Three years ago, the Appellate Division issued an opinion that addressed whether the construction statute of repose, N.J.S.A. 2A:14-1.1a, runs from the...

Bohus v. Restaurant.com, Inc., 784 F.3d 918 (3d Cir. 2015). [Disclosure: I argued this appeal for plaintiffs in this case]. Retroactivity of judicial opinions is sometimes a difficult question. The...