State v. Buckner, 437 N.J. Super. 8 (App. Div. 2014).  The issue of whether mandatory retirement of judges at age 70 is constitutional was discussed here.  (As an aside, the Supreme Court of Pennsylvania, which thereafter addressed that very issue in that jurisdiction, concluded that there was no unconstitutionality, as discussed here).  This split decision of the Appellate Division addressed a related issue— whether it is constitutional to recall retired Superior Court judges who are over the age of 70 for temporary service in the Superior Court.  N.J.S.A. 43:6A-13(b) authorizes the...

Procopio v. Gov’t Employees Ins. Co., 433 N.J. Super. 377 (App. Div. 2013).  As Judge Parrillo stated in today’s opinion, rulings of trial level judges on discovery matters, and on whether to sever some claims from others, are both discretion calls.  In this case, the Appellate Division granted leave to appeal from a Law Division decision that severed plaintiff’s uninsured motorist (“UIM”) claim from his claim of bad faith by the defendant insurer (and other claims) but declined to bifurcate discovery in a similar fashion.  The panel found an abuse of discretion...

In re Estate of DeFrank, 433 N.J. Super. 258 (App. Div. 2013).  This case involved the question of whether the funds in certain joint bank accounts, which accounts were in the names of decedent and defendant, passed to defendant or not.  The parties had filed cross-motions for summary judgment in the Chancery Division.  That court ruled, as a matter of law, that the funds were non-probate assets governed by the Multiple-Party Deposit Account Act, N.J.S.A. 17:16I-1 to -17 (“MDPA”), and that they therefore passed to defendant outside of probate by survivorship.  On appeal, Judge...