. Focazio, M.D. v. Arthur St. Realty, LLC, ___ N.J. Super. ___ (App. Div. 2025). As Judge Vinci stated in his opinion for the Appellate Division in this case, "[i]t has long been the rule in New Jersey that a tort claim cannot be assigned prior to judgment." This case, which alleged legal malpractice, centered on agreements that plaintiff entered into with the opposing party in the lawsuit that underlay the malpractice action ("Tsairis") and with his attorneys in that lawsuit....
The weather has been chilly this week, but the Appellate Division has been heating things up. That court issued published opinions today and on the preceding two days. Here are summaries of those decisions....
On Monday, February 3, a panel of judges on Part A will hear oral argument in In re Application of Barbara Eames and William Eames Pursuant to N.J.S.A. 1:7-1 and N.J.S.A. 1:7-4 Seeking to Void L. 2021, c. 375. The cited statutes permit petitioners to seek the original jurisdiction of the Appellate Division....
Brehme v. Irwin, ___ N.J. ___ (2025). One might intuitively think that a plaintiff who accepts full payment of a civil judgment for damages from an auto accident including pain and suffering, disability, impairment, loss of enjoyment of life, and past lost wages, and signs a warrant to satisfy judgment cannot then an appeal a ruling on a motion in limine that barred evidence of future medical expenses....
Hoboken for Responsible Cannabis, Inc. v. City of Hoboken Planning Bd., ___ N.J. Super. ____ (App. Div. 2024). This land use decision, written by Judge Firko, is the final published...
Filings in the Appellate Division and the Supreme Court in the last few days interfered with blogging about three published opinions that the Appellate Division issued during that time. Here...
State v. Hand, ___ N.J. Super. ___ (App. Div. 2024). In State v. Jackson, 243 N.J. 52 (2020), the Supreme Court reversed the defendant's conviction because his counsel was barred...
The Supreme Court announced that it has granted review in five new appeals. Two of those entailed motions for leave to appeal, while the Court granted certification in the other...
On Tuesday, September 24, three judges sitting in Part D of the Appellate Division will hear oral argument in Bulur v. The New Jersey Office of the Attorney General. The...
Verizon New Jersey, Inc. v. Borough of Hopewell, 258 N.J. 255 (2024). This 6-0 per curiam opinion (Justice Fasciale did not participate) affirmed a 78-page opinion by Judge Accurso at...