On this date in 1996, the Supreme Court decided Tormee Construction, Inc. v. Mercer Cty. Improvement Auth. That day saw the Court’s decision issued, nine days after the case was argued orally before the Court. But the Court’s full written opinion by Justice Pollock, for a five-Justice majority, with a dissent by Justice Handler in which Chief Justice Wilentz joined, did not come out until February 6, 1996. 143 N.J. 143 (1996). read more

Yesterday’s post noted that the Third Circuit has published a number of opinions in recent days. Here are summaries of some more of those opinions, all of which emanate from the District of New Jersey: read more

Though the Supreme Court of New Jersey and the Appellate Division are only just beginning to ramp up in the new Term, the Third Circuit has been pumping out published opinions in bulk, as it did late in August. Here are summaries of some of the five published opinions that the Third Circuit issued today: read more

Landau v. Landau, ___ N.J. Super. ___ (App. Div. 2019). The honor of the first published Appellate Division decision of the new Term goes to Judge Accurso in this matrimonial appeal. The issue, as Judge Accurso framed it, was “whether the changed circumstances standard of Lepis v. Lepis, 83 N.J. 139, 157 (1980), continues to apply to a motion to suspend or terminate alimony based on cohabitation following the 2014 amendments to the alimony statute, N.J.S.A. 2A:34-23(n).” read more

Garrett v. Wexford Health, ___ F.3d ___ (3d Cir. 2019). This appeal was brought by a prisoner who claimed, as Chief Judge Smith summarized it, that “were deliberately indifferent to his serious medical needs and that they retaliated against him.” The District Court dismissed his case, holding that he had not exhausted administrative remedies under the Prison Litigation Reform Act, 42 U.S.C. 1997e(a) (“PLRA”), and that his operative Complaint, after several prior iterations, violated Federal Rule of Civil Procedure 8. That rule requires pleadings to contain a “short and plain statement” of the plaintiff’s claims. read more

Rowe v. Bell & Gossett Co., ___ N.J. ___ (2019). This first Supreme Court opinion of the new Term, written by Justice Patterson for a unanimous Court, addresses the hearsay exception contained in Evidence Rule 803(c)(25). Plaintiff, who died during the pendency of appeals in the case, sued a number of defendants after contracting mesothelioma. All but one defendant, “Universal,” settled before trial. read more

[Disclosure: I represent the petitioner in this matter.] The Supreme Court today announced its first grant of review in the new Term. The case is West Pleasant-CPGT, Inc. v. U.S. Home Corp. The question presented, as phrased by the Supreme Court Clerk’s office, is “Among other issues, is a fair market value credit available to a mortgagor or debtor where the mortgagee or creditor does not pursue a deficiency action?” read more

Unlike so many judicial opinions, which leave the reader in suspense about the outcome until the end, the answer to this question, right up front, is “yes.” An Appellate Division opinion issued on this date in 1992 so stated. The opinion’s author was then-Judge (later Justice) Long. read more