Davidovich v. Israel Ice Skating Federation, ___ N.J. Super. ___ (App. Div. 2016).  The subculture that is international competitive sport came to the Appellate Division in this case yesterday.  Judge Sabatino wrote a lengthy and scholarly opinion for the panel after the case was argued twice and the panel issued multiple interim orders.  The facts and procedural history are extensive and convoluted.  Here is a summary of some of the most important background. read more

Mortgage Grader, Inc. v. Ward & Olivo, LLP, ___ N.J. ___ (2016).  Justice Fernandez-Vina issued an opinion in this legal malpractice appeal today, his first opinion in quite some time, due to his illness. It is good that he is back in action. read more

In each of the last two days, the Supreme Court issued unanimous opinions involving the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -42 (“LAD”).  Yesterday, in Smith v. Millville Rescue Squad, ___ N.J. ___ (2016), the Court ruled that the LAD’s protection against discrimination based on marital status extends to persons who have separated from a spouse and are in the process of divorce.  Judge Cuff wrote that opinion.  Today, in Griffin v. City of East Orange, ___ N.J. ___ (2016), with Justice Patterson writing, the Court reversed a defense verdict in an LAD case because certain evidence was wrongly excluded. read more

Castello v. Wohler, ___ N.J. Super. ___ (App. Div. 2016).  In Medina v. Pitta, 442 N.J. Super. 1 (App. Div. 2015), discussed here, the Appellate Division ruled that a physician who was retired at the time of the occurrence that is the basis for a medical malpractice action cannot serve as an expert witness.  That result arose from the Medical Care Access and Responsibility and Patients First Act, N.J.S.A. 2A:53A-37 to -42 (“PFA”).  The PFA goes beyond the requirements of the Affidavit of Merit Statute, N.J.S.A. 2A:53A-26 to -29 (“AOS”). read more

Roberts v. Ferman, ___ F.3d ___ (3d Cir. 2016).  Federal Rule of Appellate Procedure 10(c)  deals with the circumstance in which a transcript of a District Court hearing or trial is unavailable.  In such a case, the appellant “may prepare a statement of the evidence or proceedings from the best available means, including the appellant’s recollection,” submit it to the appellee for objections or amendments, and then to the District Court “for settlement and approval.” read more

Chief Justice Rabner announced today that Judge Greta Gooden Brown is being temporarily assigned to the Appellate Division.  That assignment is effective on August 1, 2016. read more

Rodriguez v. Raymours Furniture Co., Inc., ___ N.J. ___ (2016).  Plaintiff became employed by defendant, who is better known to the public as Raymour & Flanigan.  The employment application that he signed contained a clause that said “I agree that any claim or lawsuit relating to my service with Raymour & Flanigan must be filed no more than six (6) months after the date of the employment action that is the subject of the claim or lawsuit.  I waive any statute of limitations to the contrary.” read more

Dietz v. Bouldin, ___ U.S. ___ (2016).  When a judge discharges a jury in a civil case, and only thereafter realizes that the jury verdict contains an error, is there anything that can be done?  That was the question in this case, decided today by the Supreme Court of the United States.  By a 6-2 vote, the Court held that a judge has inherent, but limited, power to recall the jury for further deliberations.  Justice Sotomayor wrote the majority opinion, joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Alito, and Kagan.  Justice Thomas, joined by Justice Kennedy, dissented and would have adhered to what the dissent said was the common law rule that a jury, once dismissed, cannot be reconstituted. read more