Esmay Parchment sued East Orange Police Officers William Flood and Kim Johnson on civil rights violation theories, 42 U.S.C. 1983, claiming that the officers brutalized her in her own home. She claimed that the officers slapped and kicked her as she lay handcuffed on the floor and that the officers used excessive force and falsely arrested her.

Defendants denied wrongdoing and claimed that... More...   $300000 (11-12-2009 - NJ)

Carin Sollman sued the City of Easton, New Jersey on a tort theory claiming that the City was responsible for the death of her husband who was shot to death in the Easton City police headquarters by a fellow officer in March 2005. A subsequent investigation concluded that the death was accidental.

The defenses asserted by defendant are not available.... More...   $500000 (11-10-2009 - NJ)

Plaintiffs Carl and Della Darst, residents of, and owners of real property in, Blairstown Township, appeal the Law Division's validation of four discrete conditions imposed by the Township's Zoning Board of Adjustment ("the Board") when granting plaintiffs site plan approval for their property. For the reasons stated in this opinion, we affirm the trial court with respect to three of the c... More...   $0 (11-09-2009 - NJ)

The principal issue in this appeal is the award and computation of attorneys' fees arising out of a breach of contract action. Plaintiffs sought $9 million in damages for the alleged breach of two provisions in the contract and for fraud. The jury found that defendants breached one provision of the contract, rejected plaintiffs' other claims, and awarded plaintiffs $2.3 million in damages. The tri... More...   $0 (11-02-2009 - NJ)

John Matlock, age 43, sued the New Jersey Department of Transportation on a governmental tort claim theory claiming that Defendant failed to exercise due care when it repeatedly failed to remove dead tress from the right-of-way along Sate Route 29. One of trees which was dead and rotten fell on a vehicle driven by Plaintiff injuring him. Plaintiff claimed that Defendant was on notice of the dange... More...   $6000000 (10-30-2009 - NJ)

This appeal, which comes before the Court as of right based on the opinion of the dissenting Appellate Division judge, requires the Court to interpret the provisions in the New Jersey Cemetery Act of 2003, N.J.S.A. 45:27-1 to -38, governing interment, N.J.S.A. 45:27-22, and disinterment, N.J.S.A. 45:27-23. Specifically, this dispute, between a decedent's surviving spouse and children about his fin... More...   $0 (09-18-2009 - NJ)

Sanofi-Aventis U.S. LLC, Sanofi-Aventis, and Debiopharm S.A. (collectively, Sanofi) appeal from the district court’s grant of summary judgment of noninfringement of U.S. Patent No. 5,338,874 (the ’874 patent). Because the district court erred in construing composition claims as product-by-process claims, we vacate and remand.

BACKGROUND

This case is on appeal from a Hatch-Waxman ... More...   $0 (09-10-2009 - NJ)

This appeal from the District Court’s grant of summary judgment in favor of defendants, and against plaintiff Francisco Nunez, requires us to decide whether disclosure of an expunged criminal record violates the right of privacy afforded by the Due Process Clause of the U.S. Constitution. Relying on a footnote in our opinion in Fraternal Order of Police, Lodge No. 5 v. City of Philadelphia, 812 ... More...   $0 (08-28-2009 - NJ)

This case is a patent law appeal from a district court order granting summary judgment of invalidity based on anticipation and obviousness. Ortho-McNeil Pharmaceutical (“Orthoâ€�) brought suit against Teva Pharmaceuticals Industries (“Tevaâ€�) and Caraco Pharmaceutical Laboratories (“Caracoâ€�) alleging infringement of U.S. Reissued Patent 39,221 (“RE’221â€�), directed to a combination t... More...   $0 (08-26-2009 - NJ)

Scott Jones, age 55, sued his former employer, South Jersey Gas, on a wrongful termination theory claiming that Defendant failed to make accommodation for his depression before firing him from his job in 2006 as a senior sales manager handing major accounts.

The suit was brought under the New Jersey Law Against Discrimination (NJ LAD). The plaintiff age 50, alleged that his employer fired... More...   $1800000 (08-06-2009 - NJ)

In this appeal, we consider the tort of conversion as it applies to money rather than chattels. More specifically, we consider whether defendants who received fraudulently obtained money must repay it to the rightful owner even if they had no knowledge of the fraud.

Plaintiff Chicago Title Insurance Company seeks to recoup from defendants portions of more than $22 million dollars de... More...   $0 (07-21-2009 - NJ)

Plaintiff Arnold P. Ferolito owns one of 142 residential condominium units housed in eleven separate apartment buildings known as Park Hill. The defendants are Park Hill Association, Inc. (Association), Pagano Company, which manages the buildings, and individual members of the Association's board of directors. On a prior appeal, we affirmed an order dismissing plaintiff's complaint without... More...   $0 (07-27-2009 - NJ)

We consider in this appeal the scope and enforceability of exculpatory provisions in a form contract of a fitness club. In that non-negotiable agreement, the club disclaimed liability for "all injuries which may occur" as a result of, among other things, its member's "use of all amenities and equipment," his or her "participation in any activity," "the sudden and unforeseen malfunctioning ... More...   $0 (07-29-2009 - NJ)

The judgment of the Appellate Division is affirmed substantially for the reasons expressed in the thorough and thoughtful opinion by Judge Gilroy. Fernandez v. Nationwide Mut. Fire Ins. Co., 402 N.J. Super. 166 (App. Div. 2008). As the panel aptly concluded, this matter is governed by the principles previously set forth in Knox v. Lincoln General Insurance Co., 304 N.J. Super. 431 (App. Di... More...   $0 (07-16-2009 - NJ)

This matter involves a tragic series of events in which the infant plaintiff Casey Pellicer, then recovering from surgery at defendant St. Barnabas Hospital, was disconnected from a respirator and suffered severe brain damage. In the medical malpractice trial that followed, his mother, plaintiff Areli Pellicer, asserted that his injuries were caused by doctors and nurses who were involved in his p... More...   $0 (07-30-2009 - NJ)

This matter involves a tragic series of events in which the infant plaintiff Casey Pellicer, then recovering from surgery at defendant St. Barnabas Hospital, was disconnected from a respirator and suffered severe brain damage. In the medical malpractice trial that followed, his mother, plaintiff Areli Pellicer, asserted that his injuries were caused by doctors and nurses who were involved in his p... More...   $0 (07-24-2009 - NJ)

PB Brands, LLC (“PB Brandsâ€�) appeals the District Court’s order denying its motion for a preliminary injunction. PB Brands sought to enjoin Patel Shah Indian Groceries (“PSIGâ€�)1 from using the name Patel, or any similar name, in commerce. The District Court held that PB Brands failed to establish that a likelihood of confusion existed between PB Brands’ service marks and PSIG’s busin... More...   $0 (06-10-2009 - NJ)

John Garrity sued his mothter, Nancy Garrity, on a negligence theory claiming that she failed to exercise due care when she tapped him on the shoulder while he was operating a saw and, as a direct result, he cut off one of his fingers.

Nancy Garrity admitted that her actions caused the accident.... More...   $115500 (06-05-2009 - NJ)

Plaintiff Vincent Mattaliano appeals from the order of the

Law Division dismissing his personal injury cause of action

against defendant Comstock Yacht Sales and Marina. In granting

defendant's summary judgment motion, Judge Suter found that  plaintiff had not established that his injuries were caused by

a... More...   $0 (06-02-2009 - NJ)

We are asked to review questions regarding the sufficiency of detail required in a notice of claim submitted to a public entity, pursuant to the New Jersey Tort Claims Act (the Act), N.J.S.A. 59:1-1 to 12-3. Plaintiff Dinesha Lebron, formerly known as Dinesha Mobley, appeals from summary judgment and dismissal of her complaint with prejudice against defendants Camden City Board of Educatio... More...   $0 (05-21-2009 - NJ)

Charles I. Epstein (Epstein) appeals and defendant Zan Associates, L.L.C. (Zan) cross-appeals from an order entered by the trial court on July 17, 2008, which imposed sanctions upon Epstein pursuant to Rule 1:4-8(d). For the reasons that follow, we reverse the trial court's order and dismiss the cross-appeal.

I.

This appeal arises from the following facts. On May 4, 2005, pla... More...   $0 (05-29-2009 - NJ)

This case concerns insurance coverage for costs associated with bringing undamaged portions of a damaged structure up to current construction code standards. Defendant Greater New York Mutual Insurance Company (GNY) appeals from two trial court orders dated May 13, 2008 and May 28, 2008, granting summary judgment to its insured, plaintiff DEB Associates, and awarding damages. We affirm, ba... More...   $0 (06-01-2009 - NJ)

Diane Redvanly appeals from a jury verdict of no cause of action in her Conscientious Employee Protection Act (CEPA) claim against her former employer, Automated Data Processing, Inc. (ADP), and her supervisor, ADP Vice President Richard Feeney. Redvanly contends that evidence of her cessation of employment with a prior employer, NYNEX Mobile Communications, Inc. (NYNEX) was inadmissible, ... More...   $0 (06-02-2009 - NJ)

The City of Ashbury Park sued Vincent Alvino on an eminent domain theory seeking to acquire all rights, title and interest owned by him in property located on Ocean Avenue. Asbury Partners LLC, acting on behalf of Ashbury Park offered Defendant $230,000 for the property.

Defendant claimed the highest and best use of the property was for highrise residential condominiums and that the compar... More...   $0 (05-30-2009 - NJ)

This appeal calls for the interpretation of a Marine Open Cargo insurance policy (the Policy) entered into by KSI Trading Corporation (KSI) and Royal Insurance Company of America (Royal). A fire occurred at one of KSI’s warehouses, and KSI filed a reimbursement claim with Royal for the full extent of its loss pursuant to a Warehouse Storage Insurance section of the Policy. Royal disclaimed cover... More...   $0 (04-16-2009 - NJ)

This matter arises from an automobile accident wherein John Keenan, while intoxicated, crashed into a car driven by Laurie Riley and occupied by her future husband, Gregory Riley. The Rileys both suffered injuries, hers resulting in permanent disability. In addition to seeking dram shop liability against two taverns, Naylor's Liquor & Bar (Naylor's) and Farrell's American Bistro (Farrell's... More...   $0 (04-02-2009 - NJ)

3519-3513 Realty, LLC ("Realty"), appeals from a trial court decision dismissing its complaint seeking to evict defendants. After reviewing the record in light of the contentions advanced on appeal, we affirm.

Realty is the owner of the three-unit building located at 3513 Hudson Avenue in Union City. Isaac Rosenberg, the sole member of Realty, acquired title to the building in Augus... More...   $0 (04-08-2009 - NJ)

The Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, represents a legislative broadside against unsavory commercial practices. In this appeal, where an out-of-state consumer purchased a used automobile from an in-state seller via the internet, we are called on to determine whether the CFA's reach extends far enough to grasp that transaction. The trial court determined that the in-state se... More...   $0 (04-08-2009 - NJ)

We are called upon in this matter to interpret the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 to -50, which provides in relevant part that:

If the court renders final judgment that the condemnor cannot acquire the real property by condemnation or, if the condemnation action is abandoned by the condemnor, then the court shall award the owner of any right, or title to, or interest in such re... More...   $0 (04-09-2009 - NJ)

Carol Caprarola sued the University of Medicine and Dentistry of New Jersey on a wrongful termination theory after she was fired from her job as a government affairs coordinator at the school. She claimed that she was passed over for a promotion in January 2006 after testifying before a federal grand jury and after portions of a memo she wrote criticizing the university appeared in The Star-Ledger... More...   $349000 (04-10-2009 - NJ)

The City of Long Branch, New Jersey sued Frances DeLuca on an eminent domain theory seeking to acquire her home by condemnation for inclusion in the city's Beachfront North Phase II redevelopment zone project. Commissioners appointed by the Court awarded DeLuca $750,000. She claimed the property was worth $1.2 million.... More...   $650000 (03-20-2009 - NJ)

This matter came before the United States Court of Appeals for the Third Circuit on appeal from a final judgment of the United States District Court for the District of New Jersey. Appellant brought a class action and Appellees filed a motion to compel arbitration based upon an agreement between the parties. The District Court treated the motion to compel as a motion to dismiss under Federal Rule ... More...   $0 (03-19-2009 - NJ)

The Family and Estate of Francis Keller sued Dr. George Flugrad on a medical negligence (medical malpractice) theory claiming that Dr. Flugrad acted below the standard of care when he performed oral surgery on Mr. Keller to remove his wisdom teeth. Keller had a genetic condition that caused excessive swelling as a reaction to the trauma associated with the removal of the teeth. The 21-year-old Mr... More...   $1000000 (03-07-2009 - NJ)

Craig Staffa, age 49, sued John F. Buckalew and Moore's Bar & Liquors on negligence and dram shop theories for the injuries and damages sustained by him in an car wreck in 2004. Staffa sustained spinal cord injuries in the accident that blinded and paralyzed him. Staffa claimed that Moore's Bar & Liquors negligently sold alcohol to Buckalew despite the fact that he was visibly intoxicated. Staf... More...   $0 (03-05-2009 - NJ)

Michael Battaglia, age 51, sued United Parcel Service for retaliating against him for blowing the whistle on upper management for alleged discrimination and misuse of corporate credit cards. Plaintiff claimed that he was demoted from a manager to a supervisor to a supervisor in 2005 after his bosses figured out that he was the one who ratted on them for abusing a company credit card and for inapp... More...   $1000000 (03-05-2009 - NJ)

Bruce Kaplan, plaintiff in this breach-of-contract action, appeals from a an order granting summary judgment to defendant, Township of Old Bridge (the Township). The order dismissed, with prejudice, all claims against the Township.

The three-count complaint alleged a contract between the parties for the provision by plaintiff of "brokerage and/or benefit consultant services" to the ... More...   $0 (01-15-2009 - NJ)

This construction case involves a project to replace the steam heating and sanitary piping system at defendant Kean University (Kean). Following years of litigation, all parties agreed to submit their remaining disputes to arbitration before a retired judge, Reginald Stanton. After sixty-nine days of hearings, the arbitrator issued a cogent and exhaustively-detailed ninety-five page arbitr... More...   $0 (01-16-2009 - NJ)

In each of these two appeals, argued back-to-back and consolidated for purposes of this opinion, plaintiff Robert J. Triffin challenges the motion judge's dismissal of his complaint with prejudice. We have considered the arguments he raises in light of the record and applicable legal standards. We affirm.

I.

"Plaintiff is in the business of purchasing dishonored negotiable instrument... More...   $0 (01-20-2009 - NJ)

In each of these two appeals, argued back-to-back and consolidated for purposes of this opinion, plaintiff Robert J. Triffin challenges the motion judge's dismissal of his complaint with prejudice. We have considered the arguments he raises in light of the record and applicable legal standards. We affirm.

I.

"Plaintiff is in the business of purchasing dishonored negotiable instrument... More...   $0 (01-20-2009 - NJ)

Plaintiff, Allen Williams, was injured in a car accident he alleged was caused by the negligence of the driver of a phantom vehicle; his car had no physical contact with that vehicle. Plaintiff was insured by defendant, State Farm Indemnity Company, and his policy included uninsured motorist (UM) coverage in the amount of $100,000 per person. After plaintiff made a claim for UM benefits, a... More...   $0 (01-20-2009 - NJ)