Brunt v. Board of Trustees, Police & Firemen’s Retirement System, ___ N.J. Super. ___ (App. Div. 2018).  In general, except as specified by statute, court rule, or a contract between parties, New Jersey follows the “American Rule,” under which litigants must bear their own fees and costs.  This decision today by Judge Rose, in a case that was argued before her and Judge Ostrer, and then re-argued before those two judges and Jud

China Agritech, Inc. v. Resh, ___ U.S. ___ (2018).  In American Pipe & Const. Co. v. Utah, 414 U.S. 538 (1974), the Supreme Court of the United States announced a rule that the timely filing of a class action tolls the statute of limitations for all of those who are encompassed within the class definition of the filed case.  If class certification is later denied, the statute begins to run again at that point, and additional cases can then be brought.  American Pi

Ellis v. Hilton United Methodist Church, ___ N.J. Super. ___ (App. Div. 2018).  The opinion in this case, issued today, involved a slip and fall on a sidewalk that abutted a vacant church.  Plaintiff sued two church defendants and, before discovery concluded, filed a motion to strike defendants’ charitable immunity defense and declare the church to be a commercial landowner.  Defendants cross-moved for summary judgment.  The Law Division granted defendants’