August 27, 2018 | New Jersey Law Journal
Lopatcong Mayor Can't Unilaterally Appoint Town Attorney, Court RulesAppellate Division Judges Allison Accurso and Francis Vernoia said that while Lopatcong was organized under the Faulkner Act, which presumes a strong mayoral form of government, all appointments must be made with the advice and consent of the township council.
By Michael Booth
3 minute read
August 23, 2018 | New Jersey Law Journal
Arbitration Clause Can't Bar Punitive Damages, Appeals Court Says"We are persuaded that the arbitration agreement's bar on punitive damages claims is unenforceable because it violates the public policy of the LAD," the Appellate Division said.
By Michael Booth
3 minute read
August 23, 2018 | New Jersey Law Journal
DOT Immune in Fatal Hit-and-Run on Route 206, Court RulesA three-judge Appellate Division panel, in dismissing the case brought on behalf of Cary Mattos, relied on a recent Supreme Court decision fine-tuning the Tort Claims Act in a case involving a fatal 2010 apartment fire in Paterson.
By Michael Booth
4 minute read
August 22, 2018 | New Jersey Law Journal
NJ Insurance Regulators Targeting NRA-Backed PoliciesNew Jersey insurance regulators have launched an investigation of gun-owner policies promoted by the National Rifle Association, alleging that they are not licensed in the state.
By Michael Booth
4 minute read
August 21, 2018 | New Jersey Law Journal
Sales Receipts Not Contracts Under TCCWNA, Appeals Court Says in Nixing Class Action"We conclude that the complaint should have been dismissed with prejudice because the sales receipts are not a violation of the TCCWNA, and they are not contracts or notices under the act," said Appellate Division Judges Thomas Sumners Jr. and Scott Moynihan.
By Michael Booth
3 minute read
August 21, 2018 | New Jersey Law Journal
High Court to Weigh in on Weekend Jail For Driving on Suspended LicenseThe New Jersey Supreme Court has agreed to decide if those convicted of driving on a suspended license may serve their mandatory 180-day jail terms through intermittent incarceration.
By Michael Booth
4 minute read
August 20, 2018 | New Jersey Law Journal
Middlesex Jury Awards $3.5 Million For Rear-End CollisionA Middlesex County jury on Aug. 2 awarded $3.5 million in Leighton v. Flack, a suit lodged over injuries sustained when the plaintiff's car was struck…
By Michael Booth | Charles Toutant
7 minute read
August 17, 2018 | New Jersey Law Journal
Court OKs 'Portee' Claim for Same-Sex Spouse in Child Death Case"A rational jury can find that Benning was a de facto mother to the child, and felt her loss as deeply as any parent facing that horrific event," wrote Appellate Division Judge Jose Fuentes.
By Michael Booth
5 minute read
August 15, 2018 | New Jersey Law Journal
Court Limits Offer-of-Judgment Sanctions in Multidefendant Cases"It would be unfair to impose sanctions in a case where the only means for a party to avoid sanctions would be to pay a greater amount than the jury's verdict against the party, without advance notice of that consequence," Justice Faustino Fernandez-Vina said in "Willner v. Vertical Reality."
By Michael Booth
4 minute read
August 15, 2018 | New Jersey Law Journal
Former Newark Judge Claims False Accusation of Drinking at Work Led to Termination"The Defendants' conduct appears to be in retaliation for having a perceived condition of alcoholism," the complaint said. "Defendants have wrongfully discharged Plaintiff from her position as a Municipal Court Judge in violation of a clear mandate of public policy."
By Michael Booth
3 minute read