All the Way Towing, LLC v. Bucks County International, Inc., ___ N.J. Super. ___ (App. Div. 2018).  Today’s opinion by Judge Fisher reaffirms a fundamental principle: on summary judgment, a court must view the facts most favorably to the opponent of the motion.  The panel in this case found that the Law Division failed to do that here.  Accordingly, the decision below, which had granted the defense’s motion for summary judgment, was reversed.  But

Green v. Monmouth University, ___ N.J. Super. ___ (App. Div. 2018).  Today’s opinion by Judge Leone affirmed summary judgment in favor of defendant Princeton University under the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11 (“the Act”).  Judge Ostrer joined in that opinion, which applied the de novo standard of review.  Judge Fisher, however, dissented.  The case is thus ripe to go to the Supreme Court as of right, due to the dissent.

The case arose

Vitale v. Schering-Plough Corp., ___ N.J. ___ (2017).  Plaintiff was hired as a security guard by a security company.  The company required him to agree to waive any claim against any customer of the security company to whom he might be assigned “arising from or related to injuries which are covered under the Workers’ Compensation statutes” (“the “Disclaimer”).

Plaintiff was assigned to defendant Schering-Plough, where he was seriously