Terranova v. General Electric Pension Trust, ___ N.J. Super. ___ (App. Div. 2019).  Judge Moynihan’s opinion in this New Jersey Spill Compensation and Control Act case today addresses whether the doctrine of judicial estoppel is available in cases under that statute.  Plaintiffs asserted that judicial estoppel cannot be asserted under the Spill Act because of the complexities of environmental investigation, “the broad remedial purposes of the Spill Act,” and the claim that “judicial estoppel is not a defense recognized by the Spill Act.”  Judge Moynihan and the...

A major Appellate Division argument, appellate briefing, and other work has interfered with keeping up with the courts during December.  So it’s time for one of this blog’s periodic “catch-up” posts.  Here, in summary, is some of what the Supreme Court, the Appellate Division, and the Third Circuit have done in the past several weeks. New Jersey Division of Child Protection and Permanency v. R.L.M., ___ N.J. ___ (2018).  Writing for a unanimous Court on an issue of first impression, Justice Patterson held that a parent has the right to represent himself or herself in...

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