Judges

The General Assignment Order for 2017-18

Today, the 2017-18 General Assignment Order issued by Chief Justice Rabner was published. It is available here. Judge Messano continues as Presiding Judge for Administration, and Judge Sabatino remains the...

No Property Tax Exemption for Disabled Veteran Whose Injuries Did Not Occur "In a Theater of Operation"

Fisher v. City of Millville, 450 N.J. Super. 610 (App. Div. 2017). Article VIII, section 1, paragraph 3 of the New Jersey Constitution allows the Legislature to enact legislation that...

A Treatise on Personal Jurisdiction From Judge Lihotz

Dutch Run-Mays Draft, LLC v. Wolf Block, LLP, 450 N.J. Super. 590 (App. Div. 2017). Issues of personal jurisdiction crop up fairly frequently, despite New Jersey's settled principle of applying...

Despite Girsh v. Jepson, A District Court Need Not Always Determine the Best Potential Recovery in Order to Approve a Class Action Settlement

Halley v. Honeywell International, Inc., 861 F.3d 481 (3d Cir. 2017). This was an environmental contamination class action involving lands in Jersey City, New Jersey. After "five years of extensive...

"Learned Professional" Exception to Consumer Fraud Act Exempts Providers of Ambulance Services

Atlantic Ambulance Corp. v. Cullum, 451 N.J. Super. 247 (App. Div. 2017). In her first published opinion for the Appellate Division since her elevation, Judge Mayer today addressed consolidated putative...

Literal Reading of Police and Fire Public Interest Arbitration Reform Act on Applicability of Cap on Arbitration Awards Would Yield Absurd Results, so the Appellate Division Rejects That Outcome

In re State of New Jersey and Fraternal Order of Police Lodge 91, 450 N.J. Super. 286 (App. Div. 2017). In her opinion for the Appellate Division today, Judge Reisner...

DEP Has the Power to Condemn Property, Take Perpetual Easements to Protect the Shore, and Allow Public Access to Easement Areas

State of New Jersey, Department of Env. Protection v. North Beach 1003, LLC, 451 N.J. Super. 214 (App. Div. 2017). Beach access has long been an important and controversial issue...

"Reasonable Expectations of the Insured" Did Not Defeat Clear Policy Exclusion of "Insured vs. Insured" Claims

Abboud v. National Union Fire Ins. Co., 450 N.J. Super. 400 (App. Div. 2017). This opinion by Judge Ostrer interpreted an "insured vs. insured" exclusion in a directors and officers...

OPRA Covers Electronically Stored Information, Including Fields in E-Mails

Paff v. Galloway Tp., 229 N.J. 340 (2017). In this OPRA case, as discussed here, plaintiff sought to obtain copies of fields in e-mails sent by the Galloway Township Clerk...

Plaintiffs' Creative Arguments Did Not Overcome the Language of Insurance Policies That Precluded Coverage

Gil v. Clara Maass Medical Center, 450 N.J. Super. 368 (App. Div. 2017). This was a medical malpractice case. The appeal, however, resulted from the Law Division's grant of summary...

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