Glassman v. Friedel, ___ N.J. Super. ___ (App. Div. 2020). Ciluffo v. Middlesex Gen’l Hosp., 146 N.J. Super. 476 (App. Div. 1977), was a case involving how to handle a plaintiff’s claims against “successive independent tortfeasors” when the plaintiff settles with fewer than all defendants and then tries his or her case against the others. That case held that, in order to “avoid duplicating compensation to the plaintiff,” a non-settling defendant was entitled to a “settlement credit” for part of the payment made by the settling defendant. The...

Zahl v. Eastland, ___ N.J. Super. ___ (App. Div. 2020). [Disclosure: I have represented the defendants in this matter.] Judge Messano’s opinion for the Appellate Division in this case today is the second time that this case came before the Appellate Division. As discussed here, the prior opinion reversed a seven-figure default judgment against defendants, a Mississippi attorney and his law firm, and remanded the case for further proceedings, including as to whether New Jersey state courts had personal jurisdiction over any of the defendants. Today’s opinion addresses an important...

Edison Bd. of Educ. v. Edison Tp. Bd. of Adj., ___ N.J. Super. ___ (2020). This opinion by Judge Messano today affirmed a Law Division ruing that the Edison Board of Education (BOE”), which had filed an action in lieu of prerogative writ to challenge development approvals granted by the defendant Board of Adjustment, lacked standing to do so. The Appellate Division also rebuffed a BOE argument under the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. (“OPMA”), affirming the Law Division on that issue, too (though on different grounds). Both issues implicated de novo...