Estate of Doerfler v. Federal Ins. Co., ___ N.J. Super. ___ (App. Div. 2018).  This opinion by Judge Fuentes today is one of the shortest published opinions of the Appellate Division.  It deals with breach of contract and bad faith claims against the defendant insurer in the context of damage caused by Super-Storm Sandy.  On cross-motions for summary judgment, after an “active and probing discussion” of an exclusion in the insurance policy, the Law Division

Judge Jose Fuentes has often been willing to share his views about what is and is not good appellate practice.  Examples of that were discussed here and here.  At last night’s NJSBA Appellate Practice Committee meeting, Judge Fuentes took questions from committee members and offered a number of practice pointers.  Some have been stated before, by Judge Fuentes or other judges, some were new, but all were

Estate of Yearby v. Middlesex County, ___ N.J. Super. ___ (App. Div. 2018).  Today’s snowstorm offered the opportunity to circle back, belatedly, to this opinion by Judge Fuentes, which was issued on February 27. Plaintiffs’ decedent, who was allegedly mentally ill, was arrested for assault and resisting arrest.  Placed in the Middlesex County Adult Correctional Facility, he died there, 24 hours after his arrest, while strapped to a “restraint chair.̶