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Appellate Courts NJ Supreme Court

Marshall Dennehey

New Jersey Supreme Court Rules Out-of-State Alleged Tortfeasor Cannot Be Allocated Fault Under Comparative Negligence Act

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Estate of Crystal Walcott Spill v. Jacob E. Markovitz, M.D., 2025 WL 758318 - In this appeal before the New Jersey Supreme Court, the court held that an out-of-state alleged tortfeasor was not a party subject to allocation of...more

Marshall Dennehey

Key New Jersey Appellate Win Secured in Legal Malpractice Action

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A decision impacting the defense of such actions from damages claims by new businesses - In an Appellate decision impacting the defense of legal malpractice actions arising out of claims for damages by new businesses, Jack...more

Fox Rothschild LLP

New Jersey Appellate Division Reaffirms Broad Scope of CEPA

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The New Jersey Appellate Division recently issued a published decision that reaffirms the analytical framework used for claims brought under New Jersey’s whistleblower statute, the Conscientious Employee Protection Act...more

Stevens & Lee

NJ Appellate Court Rejects “Hybrid Procurement Process” Used in Award of Ferry Services Contract - UPDATED July 18 2024

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On April 2, 2024, The New Jersey Superior Court, Appellate Division reversed a decision of the trial court that upheld the $2 million award of a ferry services contract under Monmouth County’s purportedly “hybrid” procurement...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Appellate Division Ruling Profoundly Changes Interpretation of Arbitration Clauses

What You Need to Know: •The New Jersey Appellate Division has issued a decision that fundamentally reshapes the interpretation of arbitration clauses in commercial contracts. •The ruling carves out an exception to the New...more

Rivkin Radler LLP

The Title Reporter — Summer 2022

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry •An appellate court in New York has ruled that an exclusion in a title insurance policy precluded coverage of a...more

Fox Rothschild LLP

Appellate Division Applies Moynihan Palimony Decision Retroactively

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Over the years, I have written a lot on palimony cases, both before and after the landmark Maeker v. Ross case that I argued in the New Jersey Supreme Court. On March 8, 2022, I blogged on the Supreme Court’s decision in the...more

Fox Rothschild LLP

Do I Need a Lawyer for My Palimony Agreement? Supreme Court Says No!

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The law in New Jersey regarding palimony continues to incrementally evolve, as I have blogged about in the past. A few years ago, I argued the Maeker v. Ross case in the New Jersey Supreme Court....more

Fox Rothschild LLP

Palimony Isn’t Alimony – Having A Long Term Relationship Alone Doesn’t Give You A Right To Support

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Many people think that palimony is just alimony with a “P” and that the mere existence of a long term unmarried relationship, where the people live together, is enough to convey some right of support. Having argued the...more

Foley Hoag LLP - Cannabis and the Law

The Stay is Lifted – NJ Medical Cannabis Expands

As many are well-aware, the cannabis industry has been plagued by litigation, and New Jersey’s recent experience is no different. Indeed, New Jersey has taken great strides to expand its medical marketplace, with the patient...more

Harris Beach Murtha PLLC

New Jersey Reinforces the Trial Judge’s Gatekeeper Function in Expert Admissibility

In a recent decision, New Jersey Appellate Court applied the expert admissibility standard from the New Jersey Supreme Court’s landmark decision In re Accutane Litig., 234 N.J. 340 (2018) as a basis for reinstating two...more

Flaster Greenberg PC

Trends in Arbitration Agreements

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The New Jersey Supreme Court in late November 2019 heard oral argument in Flanzman v. Jenny Craig, Inc., 456 N.J. Super. 613 (App. Div. 2018), cert. granted, 237 N.J. 310 (2019), in which the Appellate Division boldly refused...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Supreme Court Holds Stealing Documents to Support Discrimination Claims Can Be Prosecuted as Theft

In State v. Saavedra (A-68-13, June 23, 2015), the New Jersey Supreme Court upheld the criminal indictment of a public sector employee who stole confidential documents to support her discrimination and retaliation claims. As...more

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