Appellants Apotex, Inc. and Apotex Corporation appeal from the final judgment of dismissal of their counterclaims for declaratory judgment against appellee Merck & Co., Inc. Because we find that the current dispute does not “‘admi[t] of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical state of facts,... More...   $0 (08-21-2008 - NJ)

In 1996, with little discernable fanfare, the Legislature enacted a new section of the existing statute regulating animal cruelty. Although that statute, since at least 1898, had essentially left animal welfare and the protection of animals to the New Jersey Society for the Prevention of Cruelty to Animals (“NJSPCA”) and its related county organizations, the Legislature decreed that the Depart... More...   $0 (07-30-2008 - NJ)

This appeal involves a claim brought under the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, by a Jewish police officer who alleged that he was subjected to a hostile work environment based on his religion and ancestry. The principle issue before us is whether the trial court erred in denying a motion for involuntary dismissal and allowing the claim to be decided by the jury. The jury ... More...   $0 (08-05-2008 - NJ)

In Lehmann v. Toys ‘R’ Us, Inc., 132 N.J. 587 (1993), Justice Garibaldi, writing for this Court, delineated the standards of proof that are necessary in order to bring a discrimination claim premised on acts of sexual harassment. To demonstrate a discriminatory hostile environment caused by

sexual harassment, a plaintiff must show that “the complained-of conduct (1) would not have occ... More...   $0 (08-05-2008 - NJ)

In this case we decide whether the verbal threshold, N.J.S.A. 59:9-2(d), of the New Jersey Tort Claims Act (Act), N.J.S.A. 59:1-1 to 12-3, which essentially requires an objective permanent injury to recover damages, applies to a willful misconduct claim against a public employee. Additionally, we decide whether the trial court’s failure to charge the jury that the Act’s good faith defense, N.J... More...   $0 (08-05-2008 - NJ)

Plaintiff, Jill Golden,1 was allegedly injured on April 9, 1999, when her vehicle was struck from behind by a vehicle driven by Walter Koonce and owned by Koonce's employer, Access Corporation. Plaintiff instituted a personal injury suit in the Law Division on March 29, 2001, against Koonce and his employer. At the time of the accident, Koonce and his employer were covered by a liability ins... More...   $0 (06-24-2008 - NJ)

Hill filed its Moti... More...   $1 (06-24-2008 - NJ)

Nicholas Saffos sued Avaya, Inc. and M. Foster Warner, Jr. on an age discrimination theory claiming that he was fired as business relationship manager in Avaya's real estate department on September 23, 2003 as part of a purge of older workers. The average age of those fired was 49 and those who replaced them 35 according the Plaintiff. Saffos, then 49, was replaced by someone 14 years younger. ... More...   $10743000 (06-20-2008 - NJ)

The Family and Estate of Sohayla Massachi sued the City of Newark on a governmental tort claim negligence theory claiming that as a direct result of the City's 911 operator's failure to use due care, Ms. Massachi was murdered by her ex-boyfriend in 2000. Plaintiffs claimed that Sohayla was killed by her ex-boyfriend because 911 personnel botched a call reporting the woman's abduction. They furthe... More...   $5500000 (05-31-2008 - NJ)

Robert Still sued Orkin on whistleblower and retaliation theories claiming a violation of the New Jersey Conscientious Employee Protection Act for firing him after he complained of illegal activities on the part of Orkin where he worked. Robert Still, 50, told a regional manager in 2003 that his Pennsauken branch was illegally applying insecticides. Still was fired the next day. Still worked for O... More...   $5112184 (05-10-2008 - NJ)

Petitioners are former employees of Johnson & Johnson. They allege that Johnson & Johnson discriminated against them on the basis of their race. Petitioners attempted to certify a class of plaintiffs that encompassed any African- American or Hispanic employee of Johnson & Johnson or any of its United States subsidiaries who was employed at any time during an approximately ten-year period. Th... More...   $0 (04-22-2008 - NJ)

The family and estates of Steven Motelson, age 60, his grandson and others sued Ford Motor Company on a products liability theory claiming that the roof support system on the 1998 Ford Explorer that Motelson was driving was defective and unreasonably dangerous and, as a direct result, the roof sheared away exposing Motelson to fatal head injuries. Motelson. 9-year-old grandson, who was a passenge... More...   $6500000 (03-29-2008 - NJ)

Bonnie Kowalski, individually and on behalf of her son, Brandon Kowalski, sued Dr. Aravind Palav on a medical negligence (medical malpractice) theory claiming that Dr. Palav acted below the standard of care when he cared for Mrs. Kowalski during her pregnancy with Brando and, as a result result of Dr. Palav's failure to exercise due care, Brandon suffered brain damage that left him completely and ... More...   $19000000 (03-19-2008 - NJ)

This case involves a company, The Business Edge Group, Inc. ("Business Edge"), which targeted and subscribed to a vanity toll free telephone number in order to take advantage of the value it presented to Champion Mortgage Company, Inc. ("Champion").1 The issue we address is whether Business Edge's actions violated an FCC regulation which prohibits entities from acquiring toll free telephone ... More...   $0 (03-13-2008 - NJ)

Warner-Lambert Company ("Warner-Lambert") appeals from the District Court's entry of final judgment limiting the liability of Federal Express Corporation ("FedEx"), LEP Profit International Inc. ("LEP Profit"), and LEP International (Japan), Ltd. ("LEP Japan") to $9.07 per pound, pursuant to Article 22(2) of the Warsaw Convention, for pharmaceutical cargo destroyed when a FedEx plane crashed... More...   $0 (02-29-2008 - NJ)

Petitioner Aaliyah Nicole Alvarado appeals from that portion of the Workers' Compensation order limiting the award of fees to Alvarado's attorney on the ground that N.J.S.A. 34:15- 64(c) did not permit the Workers' Compensation judge to award more than $50. The judge also found that, even if there was an exception to that statute, respondent J & J Snack Foods Corp. (J & J), the employer... More...   $0 (01-08-2008 - NJ)

In this quintessential palimony action, defendant Edward Diehl appeals from a December 6, 2005, judgment in favor of plaintiff Rosemary Connell awarding $107,494.40 in palimony, $70,000 as a return of an inheritance Connell received in 1997 and gave to Diehl and $15,000 in counsel fees, less a partial payment of $36,000 from Diehl to Connell after they separated. Connell cross-appeals f... More...   $0 (01-14-2008 - NJ)

We may grant leave to appeal from interlocutory orders, including those granting partial summar... More...   $0 (01-09-2008 - NJ)

In this appeal we must determine whether four individual plaintiffs, Ann Graham, Robert T. DuVal, Alice Crozier and James D. Vance, and People for Open Government (POG), an organization of which they are members, have standing to challenge what they claim to be a lack of enforcement of an ordinance adopted by the City of Hoboken (the City) designed to curtail the nefarious practice of "... More...   $0 (01-09-2008 - NJ)

Plaintiff Noel Gowran filed a complaint against defendant Wawa, Inc., in which he sought damages for personal injuries allegedly sustained while a patron of defendant... More...   $0 (01-13-2008 - NJ)

In April 2005, plaintiff, W.H. Industries, Inc., a corporation located in New Jersey, sued defendant, Fundicao Balancins, Ltda, a company located in Brazil, in the Law Division, Bergen County. The complaint alleged breach of contract. In August 2005, defendant filed a motion to dismiss the New Jersey complaint for lack of jurisdiction based on improper service of process, lack of person... More...   $0 (01-13-2008 - NJ)

Plaintiffs, several residents of Hamilton Township ("the Township") and a watershed preservation advocacy group, seek to invalidate numerous use and bulk variances the Township's Zoning Board of Adjustment ("the Board") granted to a developer, Crestwood Construction, LLC ("Crestwood" or "the developer"). The variances authorized Crestwood to build on a 10.9-acre site a mixed-use project... More...   $0 (01-10-2008 - NJ)

James Sarnowski was terminated by his employer, Air Brook Limousine, Inc. Sarnowski claims that his termination violated the Family Medical Leave Act of 1993 (FMLA), 29 U.S.C. § 2601, et seq.; the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1, et seq.; and the New Jersey Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1, et seq. The District Court granted sum... More...   $0 (01-03-2008 - NJ)

Robert Baer sued David Chase on a quantum meruit theory claiming that he should be paid for helping David Chase develop ideas for the mob drama, Sopranos. Baer claimed he provided help by arranging meetings with police and prosecutors during a three-day tour of New Jersey mob sites in 1995 and in subsequent conversations that sparked ideas for what became the hit HBO series that ended in June. ... More...   $0 (12-20-2007 - NJ)

This appeal requires us to clarify the nature of the constitutional and statutory protections enjoyed by religious assemblies against governmental interference in the form of land-use regulations. The plaintiff/appellants are the Lighthouse Institute for Evangelism, which describes itself as "a Christian church that seeks to minister to the poor and disadvantaged in downtown Long Branch, ... More...   $0 (12-04-2007 - NJ)

In this Miller Act case, we decide that a firm acted as a subcontractor when it supplied fabricated steel to the prime contractor that then used the material to construct the framework for a large Air Force facility. The subcontractor defaulted in payments due the company that it hired to fabricate the steel and deliver it to the construction site. The District Court denied recovery to th... More...   $0 (12-04-2007 - NJ)

Defendant Scott Williamson appeals the District Court's grant of summary judgment in favor of DIRECTV, Inc., finding that Williamson violated the Federal Communications Act, 47 U.S.C. § 605, and the Electronic Communications Privacy Act of 1986, 18 U.S.C. § 2511. This appeal presents the question of whether there is a private right of action for the unlawful interception of encrypted sa... More...   $0 (12-04-2007 - NJ)

This case arises out of an accident that occurred when plaintiff Michael Koruba attempted an extreme jump on his sports all-terrain vehicle (ATV), resulting in his sustaining serious neurological and orthopedic injuries. Plaintiff sued both the manufacturer of the ATV, defendant American Honda Motor Co., Inc. (Honda), asserting a product liability claim for failure to adequately warn... More...   $0 (11-23-2007 - NJ)

Plaintiff Janelle Frederico, for herself and on behalf of a class of similarly situated persons, appeals a judgment of the United States District Court for the District of New Jersey that dismissed her complaint against The Home Depot, Inc. Alleging fraud and breach of contract, the complaint was dismissed without prejudice pursuant to Rules 9(b) and 12(b)(6), Federal Rules of Civil Procedure... More...   $0 (11-23-2007 - NJ)

This matter is before us on the order of the Supreme Court of the United States dated June 18, 2007, which granted the petition for a writ of certiorari filed by DuPont, vacated the judgment of this court, and remanded for further consideration in light of its opinion in United States v. Atlantic Research Corp., 551 U.S. , 127 S. Ct. 2331 (2007). In our earlier opinion, a majority of this ... More...   $0 (11-23-2007 - NJ)

Merck & Co., Inc. today announced that it has entered into an agreement with the law firms that comprise the executive committee of the Plaintiffs' Steering Committee of the federal multidistrict VIOXX litigation as well as representatives of plaintiffs' counsel in state coordinated proceedings to resolve state and federal myocardial infarction (MI) and ischemic stroke claims already filed ag... More...   $4850000000 (11-09-2007 - NJ)

UnknownIn this lawsuit, Jane Edgar, a former employee of Avaya Inc., alleges that Avaya and several of its officers ("defendants") breached their fiduciary duties under § 404 of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1104, by offering participants in three employee pension benefit plans the option of investing in Avaya common stock. Edgar commenced the lawsuit aft... More...   $0 (10-03-2007 - NJ)

Sarah Jones sued Allstate Insurance Co. on a breach of contract theory for failing and refusing to enter into settlement negotiations on her claims for injuries suffered in the accident asserting that Ms. Jones' claims were all pre-existing conditions. Jones claimed that she was disabled as a result of a low back herniation that caused numbness in her leg and carpal tunnel injuries. Jones was ... More...   $50000 (09-29-2007 - NJ)

The Long Branch, New Jersey sued Bruce MacCloud on an eminent domain theory seeking to acquire by condemnation a Victorian style house owned by MacCloud to make way for a massive redevelopment project. The City paid MacCloud $140,000 for the property but he demanded $630,000. MacCloud objected to the taking claiming that it was an abuse of the power of eminent domain. ... More...   $220000 (09-27-2007 - NJ)

Warner Lambert Co., Pfizer Inc., and Gödecke Aktiengesellschaft (collectively "Warner Lambert") appeal from the judgment of the United States District Court for the District of New Jersey granting summary judgment of noninfringement of claims 7-11 of U.S. Patent 6,054,482 ("the '482 patent") in favor of appellees Purepac Pharmaceutical Co., Faulding Inc., Teva Pharmaceutical Industries, Inc.,... More...   $0 (09-21-2007 - NJ)

Shipping solid waste to Midwestern landfills has become big business - particularly in places like New Jersey where capacity at in-state landfills is scarce. Railroads are prime beneficiaries of the increased demand for the means of shipping waste across the country. Many railroads accommodate this demand by building facilities within their rights-of-way for the storage and loading of was... More...   $0 (09-12-2007 - NJ)

In July 2005, a Law Division judge granted the motion of plaintiff International Union of Operating Engineers Local #68 Welfare Fund "to certify a nationwide class of third-party[,] non-government payors who . . . paid any person or entity for the purchase of a prescription anti-inflammatory arthritis and acute pain medication marketed by defendant Merck & Company, Inc. . . . under the bra... More...   $0 (09-07-2007 - NJ)

Defendant admitted that it overcharged BASF but contested the amount of damages.... More...   $169932670 (08-15-2007 - NJ)

This appeal requires us to decide if, in a contract governed by Article 2 of New Jersey's Uniform Commercial Code ("U.C.C."), see N.J. Stat. Ann. § 12A:2-101 et seq., appellant New Jersey Transit Corporation ("Transit") can rely on the implied warranties of merchantability and fitness for a particular purpose to recover damages, where the contract's one year express warranty had expired ... More...   $0 (08-14-2007 - NJ)

Plaintiff Cosmetic Gallery, Inc. is a New Jersey corporation that owns and operates a hair salon and retails hair care products and professional beauty supplies. Defendant... More...   $0 (08-02-2007 - NJ)