The Appellate Division in In re: Guardianship of Dinoia held that the trial court had the authority to compel a county Adult Protective Services unit to pay attorneys fees for a lawyer who was court appointed to represent an allegedly incapacitated person.
The Appellate Division affirmed an order granting summary judgment. Because the plaintiff was a “special employee,” the exclusive remedy for his workplace injury was workers’ compensation. Moreover, the defendant’s alleged conduct was not excepted from workers’ compensation because the conduct was not sufficiently egregious to rise to the level of intentional wrong.
In this case, involving multi-county baby powder litigation, the Appellate Division ruled that the trial court abused its discretion when it barred the plaintiff’s’ experts opinions on causation. The Court held that the experts’ opinions were based on sound methodology applied to data upon which experts in their field may reasonably rely. The trial court … Read more
The Court of the Appellate Division affirmed Hedgespeth’s conviction for possession of a gun, holding that, though the trial court erred in admitting the defendant’s prior convictions, the error was harmless. The Court also ruled that an NJ State Police “no-permit” affidavit is non-testimonial hearsay, and its admission without the signer’s appearance did not violate … Read more
The Appellate Division ruled in McNellis-Wallace v. Hoffman that a malpractice attorney could not sustain a claim against successor attorneys for contribution and indemnification where the original attorney negligently failed to serve proper 90-day notice against a public employee under the state’s Tort’s Claim Act.
The Appellate Division in Seigelstein v. Shrewsbury Motors, Inc., reiterated the importance of the “lodestar” principal regarding attorneys fees originally set forth in Rendine v. Pantzer, whereby the starting point in calculating such fees is the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate.
The Court reversed an administrative law judge and ruled, because State Medicaid agencies are required under federal regulations to assess beneficiaries’ eligibility for other Medicaid programs before terminating benefits, the petitioners should have been transferred to the Specified Low-Income Medicare Beneficiaries (SLMB) Program with no gap in coverage.
The appellate division ruled in this collateral attack on a criminal conviction that evidentiary hearing was needed where defendant claimed he was not informed of the immigration consequences of his plea-into-PTI plea bargain though the law was clear that such a plea would lead to removal.
The Appellate Division held the Board of Education did not have standing to challenge the Zoning Board’s approval of a development application.
The Appellate Division held in Bandler v. Landry’s, Inc., that the Casino Control Act does not preempt a private cause of action for false advertising under the Consumer Fraud Act.