May 31

Statute Extending Limitations Period for Environmental Claims by the State Covers Common Law Strict Liability Cause of Action

Posted by on May 31, 2011 in Appellate Division, Judges, Statutory interpretation | 0 comments

New Jersey Dep’t of Environmental Protection v. Exxon Mobil Corp., 420 N.J. Super. 395  (App. Div. 2011).  N.J.S.A. 58:10B-17.1(b) (“the extension statute”) extends the normal statute of limitations for environmental actions “commenced by the State pursuant to the State’s environmental laws.”  The statute goes on to define “the State’s environmental laws” by listing a number of specific sta

Jan 24

Some Lessons About Motions for Reconsideration

Posted by on Jan 24, 2011 in Appellate Division, Case management, Standards of review | 0 comments

Nead v. Union Cty. Educ. Servs. Comm’n, 2011 WL 166205 (App. Div. Jan. 20, 2011).  This case, which resulted in a reversal of a trial court’s decision to dismiss an employment discrimination case, teaches several things about motions for reconsideration.  First, the decision clarifies that motions for reconsideration of interlocutory decisions are to be made under Rule 1:7-4, which in turn refers to Rule 4:42-2, rather than under Rule 4:49-2.  The plaintiff in

Jan 12

The Uses of Unpublished Opinions

Posted by on Jan 12, 2011 in Appellate Division, Judges, Practice Pointers | 0 comments

Division of Youth & Family Services v. M.D., 417 N.J. Super. 583 (App. Div. 2011).  This lengthy opinion by Judge Messano focuses on what information counsel must provide to a defendant who stipulates to a finding of abuse and/or neglect of a child at a parental rights hearing to ensure that the defendant’s waiver of rights is knowing and voluntary.  Of interest to appellate practitioners, however, is the court’s citation of six unpublished Appellate Division decisions in this area.

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