Ocwen Loan Services, LLC v. Quinn, ___ N.J. Super. ___ (App. Div. 2017).  The doctrine of equitable subrogation provides that “a refinancing lender whose security turns out to be defective is subrogated by equitable assignment to the position of the lender whose lien discharged by the proceeds of [a] later loan, there being no prejudice to or justified reliance by a party in adverse interest.”  In today’s decision by Judge Carroll, the Appellate Division face

Several days out of the office last week, and work on a large appellate brief, have left me well behind our appellate courts, who have produced a number of decisions in that interim.  To try to catch up, here are summaries of some of those rulings by the Appellate Division:

Leggette v. Government Employees Ins. Co., ___ N.J. Super. ___ (App. Div. 2017).  This opinion by Judge Lihotz addressed in detail the Deemer Statute, N.J.S.A. 17:28-1.4.  That statute 

Reilly v. City of Harrisburg, ___ F.3d ___ (3d Cir. 2017).  This case involved claims by plaintiffs that an ordinance of the City of Harrisburg unconstitutionally deprived them of the ability to protest outside abortion clinics.  The District Court denied a preliminary injunction.  Plaintiffs appealed, asking the Third Circuit to address the ultimate merits of their constitutional claim.  Speaking through Judge Ambro, the court declined to do that.  But the panel did write a de