Borough of Englewood Cliffs v. Trautner, ___ N.J. ___ (2025). This appeal presented the question of whether municipalities can be liable to pay sanctions for frivolous litigation, under the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1 ("the FLS"). In a 5-0 opinion written by Justice Fasciale (Chief Justice Rabner and Justice Hoffman did not participate), the Court affirmed, as modified, the decision of the Appellate Division that upheld the Law Division's imposition of FLS sanctions against the Borough....
Hopkins v. LVNV Funding, LLC, ___ N.J. Super. ___ (App. Div. 2025). This appeal arose out of a Special Civil Part action by LVNV Funding, LLC ("LVNV") on January 26, 2022 to collect an alleged $746.71 debt originally owed to Credit Bank One, N.A. LVNV alleged that it was the successor in interest and owner of the alleged debt, at the tail end of a long line of successors. Hopkins filed an Answer and a class action counterclaim, alleging that LVNV and the others in its chain of successors were not licensed to conduct business as consumer lenders or sales finance companies pursuant to the New Jersey Consumer Finance Licensing Act ("CFLA"), N.J.S.A. 17:11C-1 to -49....
Township of Jackson v. Getzel Bee, LLC, ___ N.J. Super. ___ (App. Div. 2025). This eminent domain opinion by Judge Berdote Byrne involved two consolidated cases. Plaintiff Township sought to acquire two pieces of property owned by defendants, .Block 21601, Lots 84 and 90. When defendants did not respond, plaintiff commenced condemnation proceedings....
Arias v. County of Bergen, ___ N.J. Super. ___ (App. Div. 2024). This was a personal injury case. Plaintiff fell in a hole and sustained injuries while rollerblading on a...
Ng v. Fairleigh Dickinson University, 478 N.J. Super. 41 (App. Div. 2024). This opinion by Judge Smith upheld the decision of the Board of Trustees to terminate the employment of...
AC Ocean Walk, LLC v. American Guarantee & Liability Ins. Co., 256 N.J. 294 (2024). [Disclosure: I was one of the counsel for United Policyholders, an amicus in support of...
Affidavit of Merit "Alleging Collective Negligence by Multiple Unidentifiable Nurses Was Inadequate"
Hargett v. Hamilton Park Opco, LLC, 477 N.J. Super. 390 (App. Div. 2023). Judge Vinci wrote the opinion in this case under the Affidavit of Merit statute, N.J.S.A. 2A:53A-26 et...
Dental Health Assocs. South Jersey, P.A. v. RRI Gibbsboro, LLC, ___ N.J. Super. ___ (App. Div. 2022). Trial court decisions disqualifying counsel are often cited as the type of ruling...
Due to my fifteen-year service on the Supreme Court of New Jersey Committee on Character, the date of any Supreme Court decision that implicates the Committee on Character is a...
Gilbert v. Stewart, ___ N.J. ___ (2021); H.C. Equities, L.P. v. County of Union, ___ N.J. ___ (2021). So far this week, the Supreme Court has issued two opinions, with...