Metro Commercial Management Services, Inc. v. Van Istendal, ___ N.J. Super. ___ (App. Div. 2018).  This opinion, issued today, is the first published opinion authored by Judge Firko.  It involves an appeal from a decision of the Chancery Division that granted summary judgment dismissing the counterclaim of defendant, a shareholder who had been employed by plaintiff as an accountant for thirteen years, that invoked the oppressed minority shareholder statute, N.J.S.A. 14A:12-7(1)(c).  The Chancery Division held, and the Appellate Division agreed, that because that counterclaim was premised on allegedly wrongful plaintiff’s termination of defendant’s employment, but her employment was concededly at will and could thus be terminated at any time, defendant had no reasonable expectation of continued employment that could support an oppression claim. read more

Investors Bank v. Torres, ___ N.J. Super. ___ (App. Div. 2018).  In this foreclosure case, the plaintiff bank was the assignee of a note that was secured by a mortgage.  The note, however, was allegedly lost before plaintiff took the assignment of the note and mortgage.  Plaintiff’s assignor signed a “lost note affidavit” certifying that the note had been lost.  After defendant had stopped making required payments, plaintiff filed suit. read more

State v. Cassidy, ___ N.J. ___ (2018).  This unanimous opinion by Justice Timpone adopted the extensive opinion of a Special Master, retired Appellate Division Judge Lisa, on the subject of the validity of alcohol breath test results produced by Alcotest machines that are not calibrated using a National Institute of Standards and Technology (“NIST”)-traceable thermometer are not sufficiently reliable.  The Court had assigned Judge Lisa to address that issue in 2017. read more

Flanzman v. Jenny Craig, Inc., ___ N.J. Super. ___ (App. Div. 2018).  The Appellate Division previously issued its opinion in this case, written by Judge Fasciale, on October 17, 2018, as discussed here.  Today, the court reissued the opinion in a somewhat more expansive form.  The result is the same– an arbitration clause that did not specify a forum or process for the arbitration did not reflect a meeting of the minds and was not enforceable. read more

Deutsche Bank Trust Company Americas v. Weiner, ___ N.J. Super. ___ (App. Div. 2018).  Judge Fisher issued this short decision in this case today.  The body of the opinion consumes just four pages of text, with the final word, “Affirmed,” on a fifth page.  The opinion occupies less space than it would have before the Appellate Division changed the font and appearance of its opinions at the start of this current Term.  Still, its brevity is admirable. read more

The Supreme Court announced the unusual step of soliciting amicus curiae briefs from anyone who might wish to file one in the case of Orientale v. Jennings, an auto accident matter summarized here.  The Court heard oral argument in that case on October 9, 2018 and yesterday published an Order dated November 1, 2018. read more

In re Estate of Douglas Castellano and Parentage of Gregory Bock, ___ N.J. Super. ___ (App. Div. 2018).  This unusually captioned appeal presented a Chancery issue that was right up Judge Fisher’s alley, and it was he who wrote the Appellate Division’s opinion that was issued today.  Describing the issue in the first sentence of his opinion, Judge Fisher stated that the panel was “consider[ing] and reject[ing] an argument that the only child of an intestate decedent may be deprived of an inheritance through application of an ‘equitable adoption’ theory derived from the fact that the child was born after his mother married a man other than the child’s father.” read more

The Supreme Court announced that it has granted leave to appeal in one case and certification in another. Both cases doubtless will be closely watched. read more