Approved Opinions for the Week of August 7, 2017
15-1-3907 GMAC Mortgage, LLC v. Tamilynn Willoughby. N.J. Sup. Ct. (Albin, J.) (23 pp.) Willoughby satisfied all contingent terms of the May 2010 Agreement,…
August 05, 2017 at 12:21 AM
5 minute read
15-1-3907 GMAC Mortgage, LLC v. Tamilynn Willoughby. N.J. Sup. Ct. (Albin, J.) (23 pp.) Willoughby satisfied all contingent terms of the May 2010 Agreement, rendering the Agreement permanent and binding. Despite being compelled to engage in subsequent mediations and negotiations in an effort to save her home, Willoughby did not voluntarily abandon the May 2010 Agreement. The chancery court should have granted her pro se motion to enforce the Agreement as a permanent loan modification.
25-1-3934 In the Matter of County of Atlantic; In the Matter of Township of Bridgewater. N.J. Sup. Ct (Solomon, J.) (27 pp.) In these cases, the governing contract language of the respective agreements required that the salary step increases remain in place after expiration and until the parties reach agreement on a new CNA. Atlantic County and Bridgewater Township committed an unfair labor practice when they altered those terms.
32-2-3899 In re Accutane Litigation, N.J. Super. App. Div. (Reisner, P.J.A.D.) (84 pp.) In these multicounty litigation (MCL) products liability cases, the Appellate Division holds that the trial court erred in barring plaintiffs' experts from testifying as to certain epidemiological issues, and that Accutane can cause Crohn's disease. Accordingly, the orders dismissing the lawsuits are reversed and the cases are remanded to the trial court for further proceedings. The opinion reviews the legal principles applicable in a Kemp hearing, and provides some guidance for handling MCL cases in which the scientific evidence concerning the product develops over the protracted course of the litigation. (Approved for Publication)
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