Alloco v. Ocean Beach and Bay Club, ___ N.J. Super. ___ (App. Div. 2018).  This opinion by Judge Leone focuses on the business judgment rule and its applicability in the context of a planned residential community.  As Judge Leone showed, the business judgment rule protects governing bodies of such developments just as it does corporate officials.  The particular circumstances here involved the aftermath of Superstorm Sandy.  Defendant’s Board, which under the governing deed and other documents has the power to adopt rules and regulations for the construction and modifications of homes...

Due to travel over most of the past two weeks (and getting “back in the game” once having returned), there have been no posts here.  But the courts have been active during that time.  Here, in brief, are some of the key published decisions of the Supreme Court, the Appellate Division, and the Third Circuit: Paff v. Ocean County Prosecutor’s Office, ___ N.J. ___ (2018).  This was a 4-3 decision that reversed a ruling of the Appellate Division, reported at 446 N.J. Super. 163 (App. Div. 2016).  That court, by a 2-1 vote, had held that recordings made by mobile video recorders...

Sconiers v. United States, ___ F.3d ___ (3d Cir. 2018).  Under the Federal Tort Claims Act, 28 U.S.C. §2401(b) (“FTCA”), a tort claim against the United States is “forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented” (emphasis added).    Here, plaintiff sued the United States Postal Service within two years of the...