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  • Harz v. Borough of Spring Lake

    Publication Date: 2018-07-09
    Practice Area: Administrative Law | Land Use and Planning
    Industry: Real Estate
    Court: New Jersey Supreme Court
    Judge: Justice Albin
    Attorneys: For plaintiff: Paul L. LaSalle (Cleary Giacobbe Alfieri Jacobs, attorneys; Paul L. LaSalle, on the briefs)
    for defendant: Roger J. McLaughlin (McLaughlin, Stauffer & Shaklee, attorneys; Roger J. McLaughlin on the brief; and Jeff Thakker, of counsel and on the brief)
    Case Number: A-48-16 (078711)

    Civil Rights Claim Dismissed Where Plaintiff Ultimately Afforded Appeal Hearing and Had Not Exhausted Administrative Remedies

  • Kean Fed'n of Teachers v. Morell

    Publication Date: 2018-07-02
    Practice Area: Public Records
    Industry: Education
    Court: New Jersey Supreme Court
    Judge: Justice LaVecchia
    Attorneys: For plaintiff: James P. Lidon (McElroy, Deutsch, Mulvaney & Carpenter, attorneys; James P. Lidon, of counsel and on the briefs, and John J. Peirano, on the briefs)
    for defendant: Robert A. Fagella (Zazzali, Fagella, Nowak, Klienbaum and Friedman, attorneys; Robert A. Fagella, of counsel and on the briefs, and Genevieve M. Murphy-Bradacs, on the briefs)
    Case Number: A-84-16 (078926)

    No Obligation to Send Rice Notices Where Public Agency Announced Intention to Make Personnel Decisions in Public Meetings

  • State v. Jones

    Publication Date: 2018-07-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: New Jersey Supreme Court
    Judge: Justice Timpone
    Attorneys: For plaintiff: Sarah Lichter, Deputy Attorney General (Gurbir S. Grewal, Attorney General, attorney; Joseph A. Glyn, Deputy Attorney General, of counsel and on the brief); Sarah Lichter, Deputy Attorney General (Gurbir S. Grewal, Attorney General, attorney; Sarah Lichter and Joseph A. Glyn, Deputy Attorney General, of counsel and on the briefs)
    for defendant: Vincent P. Sarubbi (Archer & Greiner, attorneys; Vincent P. Sarubbi and Bailey E. Axe, on the brief); Daniel V. Gautieri, Assistant Deputy Public Defender (Joseph E. Krakora, Public Defender, attorney; Daniel V. Gautieri, of counsel and on the briefs); Christopher T. Campbell (Law Offices of Christopher T. Campbell, attorneys; Christopher T. Campbell, of counsel and on the briefs)
    Case Number: A-63/64/65-16 (077964)

    DNA Tolling Only Applied Where Evidence Could Directly Match Defendant to Physical Evidence of Crime

  • State v. Twiggs

    Publication Date: 2018-07-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: New Jersey Supreme Court
    Judge: Justice Timpone
    Attorneys: For plaintiff: Sarah Lichter, Deputy Attorney General (Gurbir S. Grewal, Attorney General, attorney; Joseph A. Glyn, Deputy Attorney General, of counsel and on the brief); Sarah Lichter, Deputy Attorney General (Gurbir S. Grewal, Attorney General, attorney; Sarah Lichter and Joseph A. Glyn, Deputy Attorney General, of counsel and on the briefs)
    for defendant: Vincent P. Sarubbi (Archer & Greiner, attorneys; Vincent P. Sarubbi and Bailey E. Axe, on the brief); Daniel V. Gautieri, Assistant Deputy Public Defender (Joseph E. Krakora, Public Defender, attorney; Daniel V. Gautieri, of counsel and on the briefs); Christopher T. Campbell (Law Offices of Christopher T. Campbell, attorneys; Christopher T. Campbell, of counsel and on the briefs)
    Case Number: A-51-16 (077686)

    DNA Tolling Only Applied Where Evidence Could Directly Match Defendant to Physical Evidence of Crime

  • Dunbar Homes, Inc. v. Zoning Bd. of Adjustment of Franklin Twp.

    Publication Date: 2018-07-02
    Practice Area: Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: New Jersey Supreme Court
    Judge: Justice Solomon
    Attorneys: For plaintiff: Ronald L. Shimanowitz (Hutt & Shimanowitz, attorneys; Ronald L. Shimanowitz and Bryan D. Plocker, of counsel and on the briefs)
    for defendant: Louis N. Rainone (Rainone Coughlin Minchello, attorneys; Louis N. Rainone, of counsel and on the briefs, and Carol A. Berlen, on the briefs); James J. Kinneally, III (Marriott Callahan & Blair, attorneys)
    Case Number: A-89-16 (079076)

    Time of Application Rule Inapplicable Where Application Failed to Include Documentation Required by Municipal Zoning Ordinance

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    California Insurance Law

    Authors: GailAnn Y. Stargardter, Rand L. Chritton, Andrew J. King, Erin M. Gallagher

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  • State v. Evans

    Publication Date: 2018-06-28
    Practice Area: Criminal Law
    Industry:
    Court: New Jersey Supreme Court
    Judge: Justice Fernandez-Vina
    Attorneys: For plaintiff:
    for defendant:
    Case Number: (A-85/86-16) (079144)

    The parties cross-appealed from the decision of the appellate division, which reversed the denial of defendant's suppression motion and vacated his conviction.

  • Cont'l Ins. Co. v. Honeywell Int'l, Inc.

    Publication Date: 2018-06-27
    Practice Area: Insurance Law
    Industry:
    Court: New Jersey Supreme Court
    Judge: Justice LaVecchia
    Attorneys: For plaintiff:
    for defendant:
    Case Number: (A-21-16) (078152)

    Third-party defendants, excess insurers in this coverage dispute, appealed from the appellate division's order affirming the trial court's grant of partial summary judgment to defendant.

  • Harz v. Borough of Spring Lake

    Publication Date: 2018-06-26
    Practice Area: Administrative Law | Civil Rights | Land Use and Planning
    Industry:
    Court: New Jersey Supreme Court
    Judge: Justice Albin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: (A-48-16) (078711)

    Defendant appealed from the appellate division's order reversing the trial court's grant of summary judgment in favor of defendant on plaintiff's state law civil rights claim, arising from the issuance of zoning permits.

  • State v. Pinkston

    Publication Date: 2018-06-25
    Practice Area: Criminal Law
    Industry:
    Court: New Jersey Supreme Court
    Judge: Justice Rabner
    Attorneys: For plaintiff: Thomas R. Ashley (Thomas R. Ashley, on the brief)
    for defendant: Stephanie Davis Elson, Assistant Prosecutor (Esther Suarez, Hudson County Prosecutor, attorney; Stephanie Davis Elson, on the briefs)
    Case Number: A-22-17 (080118)

    Criminal Defendant Had Qualified Right to Compel Adverse Witnesses to Testify at Pre-Trial Detention Hearings

  • Kean Fed'n of Teachers v. Morell

    Publication Date: 2018-06-21
    Practice Area: Civil Appeals | Public Records
    Industry:
    Court: New Jersey Supreme Court
    Judge: Justice LaVecchia
    Attorneys: For plaintiff:
    for defendant:
    Case Number: (A-84-16) (078926)

    Defendants appealed from the appellate division's decision affirming the trial court's judgment that Kean University's board of trustees had not made meeting minutes promptly available but vacating the permanent injunction and ordering the board to adopt a meeting schedule promoting prompt release of minutes.