Holmes v. Jersey City Police Department, ___ N.J. Super. ___ (App. Div. 2017).  Today’s decision by Judge Reisner in this case under the Law Against Discrimination, N.J.S.A. 10:5-2 et seq. (“LAD”),arises from the fact that the Appellate Division previously held that a police station is a place of “public accommodation” under the LAD.  Here, a transgender man asserted a hostile environment claim based on his assertion that while he was under arrest at the police station, “police officers made demeaning, insulting and threatening comments about his transgender status.  Specifically, he allege[d] that several officers referred to plaintiff as ‘it,’ referred to plaintiff’s situation as ‘bullshit,’ and stated ‘so that’s a fucking girl?’  He also asserts that one of the officers threatened to put his fist down plaintiff’s throat ‘like a fucking man.'” read more

Fairfax Financial Holdings Limited v. SAC Capital Management, LLC, ___ N.J. Super. ___ (App. Div. 2017).  Judge Fisher often is able to write remarkably concise opinions, as shown (for example here and here.  In this appeal, however, Judge Fisher set the current Term’s record for the longest opinion, a 157-page magnum opus for the Appellate Division today.  Like another record-setting Appellate Division opinion from a prior year, Kaye v. Rosefielde, 432 N.J. Super. 421 (App. Div. 2013), and discussed here, this was a commercial dispute.  (For completeness, Kaye later went to the Supreme Court, which issued a much shorter opinion, on a limited issue, that was reported at 223 N.J. 218 (2015), as discussed here). read more

The Supreme Court announced that it has granted review in Saint Peter’s University Hospital, Inc. v. Horizon Healthcare Services, Inc.  That case, and related litigation involving hospitals and Horizon, has gotten much publicity in the press.  The question presented, as phrased by the Supreme Court Clerk’s Office, is “In this action concerning defendant’s implementation of the OMNIA two-tiered provider network, did the trial court err in ordering the production of certain discovery, which defendant contends was inconsistent with the Appellate Division’s judgment now on review before the Supreme Court in Capital Health System, Inc. v. Horizon Healthcare Services, Inc.; Saint Peter’s University Hospital, Inc. v. Horizon Healthcare Services, Inc. (A-29/30-16)?” read more

Patrick v. City of Elizabeth, ___ N.J. Super. ___ (App. Div. 2017).  The Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3 (“TCA”), contains numerous immunities and other impediments for plaintiffs who seek to recover against public entities or public employees for tort-based injuries.  Today’s opinion by Judge Currier, which affirmed summary judgment in favor of defendants City of Elizabeth and Elizabeth  Board of Education, illustrates some of those immunities. read more

In this electronic age, technology is everywhere.  So it was perhaps inevitable, and welcome to most, that the common thread running through much of the Third Circuit Judicial Conference, which began yesterday in Lancaster, PA and concludes tomorrow, is technology. read more

The Supreme Court has announced that it has accepted the request of the Third Circuit, in two consolidated cases, to answer certified questions about the Truth in Consumer Contract, Warranty, and Notice Act, N.J.S.A. 56:12-14 et seq. (“TCCWNA”).  The questions presented are “Is a consumer who receives a contract that does not comply with the Delivery of Household Furniture Regulations (Furniture Delivery Regulations), N.J.A.C. 13:45A-5, but has not suffered any adverse consequences from the noncompliance, an ‘aggrieved consumer’ under the Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-17; and, does a violation of the Furniture Delivery Regulations alone constitute a violation of a clearly established right or responsibility of the seller under the TCCWNA and thus provide a basis for relief under the TCCWNA?” read more

Conley v. Guerrero, ___ N.J. ___ (2017).  Today’s decision in this case, written by Justice Solomon for a unanimous Court, largely affirmed the ruling of the Appellate Division, reported at 443 N.J. Super. 62 (App. Div. 2015), and discussed here.  The case proceeded from the resolution of New Jersey State Bar Ass’n v. New Jersey Ass’n of Realtor Bds., 93 N.J. 470 (1983), mod., 94 N.J. 449 (1983).  That case required contracts for the sale of residential real estate to contain a “three-day attorney review” clause, which allows either side to disapprove the contract during that period. read more

Aliments Krispy Kernels, Inc. v. Nichols Farms, ___ F.3d ___ (3d Cir. 2017).  The bottom line of this opinion by Judge Fuentes was the reversal of a judgment of the District Court vacating an arbitration award that had been issued in favor of plaintiff.  Plaintiff had moved to confirm that arbitration award and defendant had sought to have that award vacated.  Judge Fuentes concluded that “an issue of material facts exists as to whether the parties agreed to arbitrate.”  Thus, neither party’s application could properly have been granted.  The panel thus remanded the case for further proceedings. read more