• Musker v. Suuchi, Inc.

    Publication Date: 2024-07-08
    Practice Area: Labor Law
    Industry: Manufacturing | Software
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff: Bruce L. Atkins (Deutsch Atkins & Kleinfeldt, PC, attorneys; Bruce L. Atkins, of counsel and on the briefs, Diane E. Peyser, on the briefs)
    for defendant: Richard A. Grodeck (Piro Zinna Cifelli Paris & Genitempo, LLC, attorneys; Richard A. Grodeck, on the brief)

    Case Number: A-0841-23

    Commissions Intended to Incentivize Salesperson to Achieve Extraordinary Sales Goals Constituted Supplementary Incentives Rather Than Wages Covered by WPL

  • Patel v. New Jersey Dep't of Treasury

    Publication Date: 2024-07-01
    Practice Area: Corporate Entities
    Industry: Food and Beverage | Hospitality and Lodging
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff: John F. Wiley, Jr. (Wiley Lavender Maknoor, attorneys; John F. Wiley, Jr., on the briefs)
    for defendant: Michael J. O'Malley, Deputy Attorney General (Matthew J. Platkin, Attorney General, attorney; Sara M. Gregory, Assistant Attorney General, of counsel; Michael J. O'Malley, on the brief)

    Case Number: A-2370-22

    Trial Court Could Conduct Hearing to Determine Whether to Grant Equitable Relief Ordering Rescission of LLC's Certificate of Dissolution

  • Estate of Massi v. Barr

    Publication Date: 2024-06-28
    Practice Area: Personal Injury
    Industry:
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A-2005-21

    Plaintiff estate appealed the grant of summary judgment in favor of municipal defendants who maintained and patched the road in plaintiff's New Jersey Tort Claims Act action over a fatal bicycle accident.

  • Musker v. Suuchi, Inc.

    Publication Date: 2024-06-24
    Practice Area: Labor Law
    Industry:
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A-0841-23

    Plaintiff filed an interlocutory appeal from the trial court's decision that ruled that plaintiff's commissions from PPE sales were not "wages" under the Wage Payment Law.

  • Patel v. New Jersey Dep't of Treasury

    Publication Date: 2024-06-18
    Practice Area: Corporate Entities | Government
    Industry:
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A-2370-22

    Plaintiffs appealed Department's denial of their request to rescind a certificate of dissolution and termination of an LLC, which allegedly was filed in error.

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  • Marmo & Sons Gen. Contracting LLC v. Biagi Farms LLC

    Publication Date: 2024-06-03
    Practice Area: Contracts
    Industry: Construction
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff: Sam Maybruch (Arbus, Maybruch & Goode, LLC, attorneys; Sam Maybruch, on the briefs)
    for defendant: Justin D. Santagata (Cooper Levenson, PA, attorneys; Justin D. Santagata, Samantha Edgell, and Katlin Trout, on the briefs)

    Case Number: A-3120-22

    Litigation Conduct Including Use of Discovery Process Sufficient to Demonstrate Party's Waiver of Arbitration

  • Marmo & Sons Gen. Contracting, LLC v. Biagi Farms, LLC

    Publication Date: 2024-05-24
    Practice Area: Contracts | Dispute Resolution
    Industry:
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A-3120-22

    Marmo & Sons General Contracting, LLC, and William and Heather Marmo appealed the trial court's denial of their motion to compel arbitration against Biagi Farms, LLC, and Tammie and Nicholas Biagi for nonpayment of residential construction services.

  • Botteon v. Borough of Highland Park

    Publication Date: 2024-05-13
    Practice Area: Land Use and Planning
    Industry: Federal Government | State and Local Government
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff: David G. Evans
    for defendant: Paul M. Bishop (Mason, Griffin & Pierson, PC, attorneys; Paul M. Bishop, of counsel and on the brief)

    Case Number: A-1227-22

    Challenge to Local Marijuana Ordinances as Federally Preempted Denied Where State Recreational Marijuana Laws Were Not Inconsistent or an Obstacle to Federal Enforcement

  • Botteon v. Borough of Highland Park

    Publication Date: 2024-05-01
    Practice Area: Land Use and Planning
    Industry:
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A-1227-22

    Plaintiffs appealed the dismissal of their complaint challenging the legality of two ordinances enacted by the Borough of Highland Park, which permitted the operation of cannabis retailers, consumption lounges, and delivery services.

  • Morison v. The Willingboro Bd. of Educ.

    Publication Date: 2024-04-15
    Practice Area: Labor Law
    Industry: Education | State and Local Government
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff: Eric J. Riso (Zeller & Wieliczko, LLP, attorneys; Eric J. Riso, on the briefs)
    for defendant: Lester Everett Taylor (Florio Perrucci Steinhardt Cappelli Tipton & Taylor LLC, attorneys; Wade Lawrence Dickey, on the brief); Sadia Ahsanuddin, Deputy Attorney General (Matthew J. Platkin, Attorney General, attorney; Janet Greenberg Cohen, Assistant Attorney General, of counsel; Sadia Ahsanuddin, on the brief)

    Case Number: A-1280-22

    State Education Regulators Not Barred from Pursuing Teaching Certificate Revocation Even After Imposition of Tenure Discipline for Same Conduct