Escobar-Barrera v. Kissin

In Escobar-Barrera v. Kissin, the Appellate Division reversed the trial court, which granted the defendant’s motion for an involuntary dismissal of a personal injury claim after a doctor was unavailable to testify for the plaintiff. Because the plaintiff’s claim was completely dependent on the doctor’s testimony, the inability to produce her as a witness resulted in … Read more

State v. Fortin

The defendant was convicted of homicide and sexual assault charges in 2000, was awarded a new trial, and in 2007 again convicted of the charges. In 2018, with the Innocence Project as his counsel, he moved for a new trial, arguing that changes in bitemark identification reliability and scientific validity had changed sufficiently to undermine … Read more

Estate of Frank A. Campagna

One resident of a boarding house killed another resident of the boarding house. The estate of the decedent brought a wrongful death and survival action against the landlord based on two theories: (1) a violation of the Rooming and Boarding House Act of 1979, and (2) common law negligence. The thrust of both causes of … Read more

State v. Paden-Battle

After a trial, which included chilling testimony about gang violence, a jury convicted the defendant of kidnapping, conspiracy to commit kidnapping, and felony murder. The defendant appealed arguing the trial court erred when it instructed the jury. The Appellate Division affirmed as to the jury instructions. However, the Court vacated the conviction, because the jury verdict … Read more

State v. Andrews

The heavy-handed State appealed from the trial court’s order granting the defendant’s motion to overrule the State’s rejection of his petition for a Graves Act waiver. The Appellate Division agreed with the trial court that the defendant presented a case deserving of some leniency.  

LVNV Funding v. DeAngelo

The defendant defaulted on an automobile loan and the plaintiff held the note. The plaintiff filed this debt-collection action after the four-year statute of limitations set forth in the Fair Debt Collection Practices Act lapsed. The defendant did not respond to the complaint. The plaintiff was thus granted default judgment on the claim. Eight years … Read more

State v. Stoveken

Two defendant-physicians appealed the State’s use of grand jury subpoenas to access information contained in New Jersey’s Prescription Monitoring Program (PMP), which is a state-run database that keeps track of prescriptions of controlled dangerous substances. The Appellate Division determined that law enforcement agents properly sought subpoenas in the name of the investigating grand jury and … Read more

Simmons v. Mercado

Simmons and others requested records from the City of Millville pursuant to an Open Records request. The defendants produced some but not all of the records. Simmons sued, and the trial court ordered the defendants to supply all of the records. The defendants appealed, and the Appellate Division reversed. The Court determined that the complaints and … Read more

Carrington Mortg. Service v. Moore

After final judgment in a foreclosure action in favor of the mortgagee was entered, the defendant homeowners moved to vacate the judgment, arguing that the entire case doctrine precluded the suit. The mortgagee-homeowners had previously filed suit in federal court against the mortgagee’s predecessor in interest and insurance companies in an action related to damage … Read more