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New Jersey Agency Law

Defendant George Fermisco was originally indicted in
Middlesex County Indictment No. 10-05-0779 (the first
indictment), which charged him and twenty-six others with
various conspiracies involving the possession and distribution
February 1, 2016
A-3875-13T1 2
of controlled dangerous substances (CDS), and substantive CDS
and weapons offenses. That indictment was d... More...
   $0 (02-01-2016 - NJ)

Josh Finkelman v. National Football League

Many of us have felt the disappointment of wanting to attend a concert or athletic event only to discover that the event has sold out. When an artist or sports team is especially popular, the gap between the supply of tickets and the demand for those tickets can be enormous. Some people will be able to attend such an event; others will not.
The Super Bowl is perhaps the ultimate example ... More...
   $0 (01-17-2016 - NJ)

Thomas DeMarco v. Sean Robert Stoddard, D.P.M

In this appeal, we consider whether the Rhode Island
Medical Malpractice Joint Underwriting Association (RIJUA) must
defend and indemnify a podiatrist in a medical malpractice
action pending in New Jersey following rescission of the
podiatrists medical malpractice liability policy. The policy
had been rescinded due to material misrepresentations concerning
the state... More...
   $0 (12-01-2015 - NJ)

Syed Hassan v. City of New York

Plaintiffs appeal the dismissal of their civil-rights suit
against the City of New York (the City). They claim to be
targets of a wide-ranging surveillance program that the New
York City Police Department (the NYPD) began in the
wake of the September 11, 2001 terrorist attacks (the
Program). Plaintiffs allege that the Program is based on the
false and stigmatizing pre... More...
   $0 (10-13-2015 - NJ)

Maher Terminals LLC v. The Port Authority of New York

Although Maher Terminals, LLC (Maher) challenges the rent it must pay under its lease agreement (the Lease) with the Port Authority of New York and New Jersey (the Port Authority), this case is not a typical landlordtenant dispute. Maher, a landside marine terminal operator, asserts that the rent due under the Lease violates the U.S. Constitutions Tonnage Clause, U.S. Const. art. I, 10, c... More...   $0 (10-10-2015 - NJ)

Bruce Kaye v. Alan P. Rosefielde

Plaintiff Bruce Kaye, the controlling principal of three entities that sell and manage timeshare interests in resort properties in Atlantic County, hired defendant Alan P. Rosefielde, an attorney admitted to practice law in New York but not in New Jersey, initially as outside counsel, and then as an employee. After defendant had worked closely with plaintiff for approximately four months, the pa... More...   $0 (09-23-2015 - NJ)


The Union County grand jury returned an indictment charging
defendant DeShaun Wilson with third-degree possession of a
controlled dangerous substance, N.J.S.A. 2C:35-10(a)(1) (count
one); third-degree possession of a controlled dangerous
substance with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and
(b)(3) (count two); and second-degree possession of a controlled
dan... More...
   $0 (09-15-2015 - NJ)

H.S.P. v. J.K., K.G. v. M.S. (Deceased)

In this appeal, we examine the role of our state courts in
making the predicate findings necessary for a non-citizen child
to apply for special immigrant juvenile (SIJ) status under the
Immigration Act of 1990, as amended by the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008
(TVPRA), Pub. L. No. 110-457, 122 Stat. 5044. SIJ status... More...
   $0 (08-26-2015 - NJ)

United States of America v. Mykal Derry, a/k/a Koose and Malik Derry, a/k/a Lik

Camden, NJ - Dirty Block Gang Leader And His Brother Convicted On Drug Conspiracy And Weapons Charges

Two members of a criminal street gang that used threats, intimidation and violence to maintain control of the illegal drug trade in Atlantic City, New Jersey, were convicted at trial on drug conspiracy and weapons charges, U.S. Attorney Paul J. Fishman announced.

Mykal Derry, a... More...
   $0 (08-18-2015 - NJ)

State v. Evan Reece

Officers responded to defendants home to investigate a
dropped 9-1-1 call. When the officers announced their intention
to enter defendants home without a warrant, defendant attempted
to block their entry and a struggle ensued. After being
subdued, defendant was arrested and charged with two counts of
simple assault, N.J.S.A. 2C:12-1(a)(1); one count of resisting
... More...
   $0 (07-20-2015 - NJ)

Paula Jensen v. Pressler & Pressler

We are asked to decide whether a false statement in a communication from a debt collector to a debtor must be material in order to be actionable under a provision of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692e. We conclude that materiality is required, as it is subsumed within the “least sophisticated debtor” standard that has traditionally governed FDCPA claims. B... More...   $0 (07-02-2015 - NJ)

State of New Jersey v. Ivonne Saavedra

In this appeal, we review the trial court’s denial ofdefendant Ivonne Saavedra’s motion to dismiss her indictment for
official misconduct and theft by unlawful taking of public
documents. We also consider defendant’s constitutional and
public policy challenges to the official misconduct and theft
statutes as they apply to her case.
Defendant, an employee of the North Berg... More...
   $0 (06-23-2015 - NJ)

In re: In The Matter of the Grand Jury Empaneled On May 9, 2014

John Doe, D.O., a medical doctor, and ABC Entity, (the “Corporation” or “Medical Practice”), (together, “Appellants”), appeal the District Court’s order holding the Corporation in contempt for noncompliance with a grand jury
subpoena directing its custodian of records to produce certain documents. Doe claims that despite serving as the Corporation’s custodian, as the sole... More...
   $0 (05-15-2015 - NJ)

Andrew Dwyer v. Cynthia A. Cappell

Attorney Andrew Dwyer, lauded by New Jersey judges in separate judicial opinions, published on his law firm’s website those complimentary remarks. One of the judges objected to this, and ultimately the New Jersey Supreme Court adopted an attorney-conduct guideline that bans advertising with quotations from judicial opinions unless the opinions appear in full. Is the guideline an unconstitutional... More...   $0 (08-11-2014 - NJ)

United States of America v. John Bencivengo

Appellant John Bencivengo, former Mayor of Hamilton Township, New Jersey, was convicted of violating, inter alia, the Hobbs Act, 18 U.S.C. § 1951(a) and § 2, and the Travel Act, 18 U.S.C. § 1952(a)(1) and (3) and § 2, for accepting money from Marliese Ljuba in exchange for agreeing to influence members of the Hamilton Township School Board to refrain from putting the School District’s insura... More...   $0 (04-23-2014 - NJ)

United States of America v . John Bencivengo

Appellant John Bencivengo, former Mayor of Hamilton Township, New Jersey, was convicted of violating, inter alia, the Hobbs Act, 18 U.S.C. § 1951(a) and § 2, and the Travel Act, 18 U.S.C. § 1952(a)(1) and (3) and § 2, for accepting money from Marliese Ljuba in exchange for agreeing to influence members of the Hamilton Township School Board to refrain from putting the School District’s insura... More...   $0 (04-23-2014 - NJ)

L.R. v. Division Of Disability Services

L.R. participates in the Personal Assistance Service Program (PASP) established by the Legislature under the Personal Assistance Services Act, N.J.S.A. 30:4G-13 to -22, (the Act).

The PASP is administered by the Division of Disability Services (DDS or Division), in the New Jersey Department of Human Services.1 As a resident of Hunterdon County, L.R. was able to receive PASP assistance benef... More...
   $0 (02-06-2014 - NJ)

Ai Hua Chen and Jin Xiu Li v. Eric H. Holder, Jr.

Petitioners Ai Hua Chen and Jin Xiu Li, both natives of China’s Fujian Province, met and married in the United States and are the parents of two children born to them here. Chen and Li admit they are subject to removal, but seek asylum and withholding of removal on the basis that one or both of them will be persecuted for having violated China’s one-child policy. The couple also seeks asylum a... More...   $0 (02-05-2014 - NJ)

Peter Brownstein v. Tina Lindsay

This case concerns Appellant Peter Brownstein’s claim under the Copyright Act seeking a declaratory judgment of joint authorship of an ethnic identification system that he created with Appellee Tina Lindsay, the Lindsay Cultural Identification Determinate (“LCID”). Lindsay purports to have conveyed the copyrights to the LCID to Appellee Ethnic Technologies (“E-Tech”). The contested work ... More...   $0 (01-29-2014 - NJ)

Elias Halim Eid v. John Thompson, District Directory, Newark District, US Citizenship and Immigration Service

Elias Eid and Gwen Packard-Eid filed a complaint challenging the denial by the Board of Immigration Appeals (“BIA”) of the I-130 Petition for Alien Relative filed by Packard-Eid, a United States citizen, that would accord Eid,


her husband and a non-citizen, preference status as the spouse of a citizen. The BIA denied the Petition under 8 U.S.C. § 1154(c), which requires denyin... More...
   $0 (01-10-2014 - NJ)

United States ex rel. Kurt Bunk v. Gosselin World Wide Moving, N.V.

These appeals and cross-appeal are taken from final judgments, entered in accordance with Federal Rule of Civil Procedure 54(b), in a pair of qui tam actions consolidated for litigation in the Eastern District of Virginia. By its Order of February 14, 2012, the district court: (1) assessed a single civil penalty in the sum of $5,500 in favor of the United States, intervening in substitution of rel... More...   $0 (01-08-2014 - NJ)

State of New Jersey v. E-Sports Entertainment

Acting Attorney General John J. Hoffman, the Division of Law and the Division of Consumer Affairs announced today that on-line video gaming company E-Sports Entertainment, LLC, has entered into a $1 million settlement that resolves allegations it infected thousands of personal computers with malicious software code enabling E-Sports to monitor what programs subscribers were running and illegally m... More...   $0 (11-21-2013 - NJ)

American Civil Liberties Union of New Jersey v. Federal Bureau of Investigation, Department of Justice

This appeal concerns the Federal Bureau of Investigation’s (“FBI”) response to appellant American Civil Liberties Union’s (“ACLU”) request for information under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 (2009). The ACLU claims that the United States District Court for the District of New Jersey (“District Court”) erred in allowing the FBI to withhold 284 pages of... More...   $0 (10-29-2013 - NJ)

Robert Simon v. FIA Card Services, N.A.

This appeal arises out of the intersection of the Bankruptcy Code and the Fair Debt Collection Practices Act. The issue is whether a debt collector’s letter and notice requesting an examination under Federal Rule of Bankruptcy Procedure 2004 and offering to settle a debt, sent in a pending bankruptcy in contemplation of an adversary proceeding to challenge dischargeability, can be the basis for ... More...   $0 (10-07-2013 - NJ)

United States of America v. Bawer Aksal

The United States of America charged Bawer Aksal, age 49, sexual abuse, forced sex through threats or fear of harm, and abusive sexual contact in violation of 18 U.S.C. 2242 in conjunction with a sexual assault on a sleeping woman on a Newark-bound flight in 2012.

Title 18 U.S.C. 2242 provides:

Whoever, in the special maritime and territorial jurisdiction of the United States or in ... More...
   $0 (07-20-2013 - NJ)

New Jersey Primary Care Association, Inc. v. State of New Jersey Department of Human Services

Under the federal Medicaid statute, 42 U.S.C. § 1396 et seq., states participating in Medicaid and implementing a managed care environment are obligated to make, at least every fourth month, supplemental payments (known as ―wraparound payments‖) to federally-qualified health centers (―FQHCs‖) in an amount equal to the difference between a predetermined rate set by the Medicaid statute mul... More...   $0 (07-09-2013 - NJ)

Ryan Hart v. Electronic Arts, Inc.

In 2009, Appellant Ryan Hart (“Appellant” or “Hart”)1 brought suit against Appellee Electronic Arts, Inc. (“Appellee” or “EA”) for allegedly violating his right of publicity as recognized under New Jersey law. Specifically, Appellant‟s claims stemmed from Appellee‟s alleged use of his likeness and biographical information in its NCAA Football series of videogames. The District ... More...   $0 (05-21-2013 - nj)

National Amusements, Inc. v. The Borough of Palmyra

In 2008, the Borough of Palmyra (“Palmyra”) ordered closed for five months an open-air flea market, owned and operated by National Amusements, Inc. (“NAI”), due to safety concerns posed by unexploded munitions left behind when the site had been used as a weapons-testing facility for the United States Army. NAI filed the instant action alleging that Palmyra’s action violated its constitut... More...   $0 (05-14-2013 - NJ)

Michael Sylvain v. Attorney General of the United States

Statutory language is important. It takes on added significance when a person‘s freedom is at stake. Under the Immigration and Nationality Act, immigration offi-cials ―shall take into custody any‖ deportable alien who has committed various crimes ―when the alien is re-leased‖ from detention for those crimes. 8 U.S.C. § 1226(c)(1). The Act requires officials to hold such aliens without a... More...   $0 (04-25-2013 - NJ)

Soma Mandal, M.D. v. Port of Authority of New York and New Jersey

Defendant Port Authority of New York and New Jersey and defendant Modern Facilities Services, Inc., appeal from a judgment based on a jury verdict in favor of plaintiff Soma Mandal, M.D., for injuries suffered as a result of her fall at Pavonia Station in Jersey City on March 18, 2007. Because, among other things, the trial judge erroneously instructed the jury that the Port Authority was burdened... More...   $0 (04-04-2013 - NJ)

Tamika Covington v. International Association of Approved Basketball Officials

When the Defense Department rescinded the ban on women in combat positions, it effectively undermined the presumption of female inferiority that had for years closed opportunities for women in the military, in sports, and in other fields. In her Second Amended Complaint (“SAC”), Tamika Covington, who has been a basketball official in New Jersey and Pennsylvania for over ten years, alleges gend... More...   $0 (03-14-2013 - NJ)

Ray V. Caprio v. Healthcare Revenue Recovery Group, LLC

Plaintiff Ray V. Caprio filed a complaint against Defendant Healthcare Revenue Recovery Group, LLC (“HRRG”), alleging two claims under the Fair Debt Collection Practices Act (“FDCPA”). Caprio appeals from the order of the United States District Court for the District of New Jersey granting HRRG‟s motion for judgment on the pleadings. We will vacate the District Court‟s order and will r... More...   $0 (03-01-2013 - NJ)

National Security Systems, Inc. v. Robert L. Iola, Jr.

We are called upon once again to address litigation arising out of a tax avoidance scheme devised in the late 1980s.1 Defendant James Barrett, a financial planner, induced the plaintiffs, four small New Jersey corporations and their respective owners, to adopt an employee welfare benefit plan known as the Employers Participating Insurance Cooperative (―EPIC‖). EPIC‘s advertised tax benefits,... More...   $0 (11-08-2012 - NJ)

New Jersey Department of Environmental Protection v. Ofra Dimant

Seeking contribution for costs expended in the investigation and remediation of contaminated groundwater that tainted private wells in Bound Brook, the New Jersey Department of Environmental Protection and the Administrator of the New Jersey Spill Compensation Fund (hereinafter collectively the DEP), filed this action under the Spill Compensation and Control Act (Spill Act or Act). Although the DE... More...   $0 (09-26-2012 - NJ)

Steven J. Winters v. North Hudson Regional Fire and Rescure

In this matter, we consider whether a plaintiff, who was removed from public employment after positing a claim of employer retaliation in a civil service disciplinary proceeding, should be barred from seeking to circumvent that discipline through a subsequent Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, action also alleging retaliation. We hold that, under these facts, p... More...   $0 (09-13-2012 - NJ)

Mark W. Hagans v. Commissioners of Social Security

Mark Hagans appeals the cessation of his Social Security disability insurance benefits following a determination by the Social Security Administration (“SSA”) that he was no longer disabled. Hagans argues the District Court erred by reviewing his disability status as of September 1, 2004 — the day on which, according to the SSA, Hagans’s disability ceased. This contention requires us to de... More...   $0 (09-17-2012 - nj)

D.F. v. Collingswood Borough Board of Education

Appellant D.F. was a five-year-old kindergartener during the 2008-2009 school year, his first under the supervision of Appellee Collingswood Borough Board of Education (―Collingswood‖). He had previously been educated in the Camden school system, which had identified him as a special needs student and developed an Individualized Education Plan (―IEP‖) for him. Collingswood adopted the Camd... More...   $0 (09-13-2012 - NJ)

HIP Heightened Independence and Progress, Inc. v. The Port Authority of New York and New Jersey

The Port Authority of New York and New Jersey (Authority) appeals the District Court‘s summary judgment, which orders the Authority to make modifications to its Grove Street Station to bring it into compliance with the Americans with Disabilities Act (ADA) of 1990, Pub. L. No. 101-336, 104 Stat. 378 (codified as amended at 42 U.S.C. §§ 12101–12213). We will vacate this judgment and remand t... More...   $0 (11-30--0001 - NJ)

Michele M. Simmsparris v. Countrywide Financial Corp.

Michele SimmsParris brought this action under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681–1681x, to recover for the reporting of what she asserts was false information about her mortgage repayments. The United States District Court for the District of New Jersey, determining that SimmsParris had not properly presented her claim as required by the FCRA, granted summary judgmen... More...   $0 (07-28-2011 - NJ)

Calco Hotel Management Group, Inc. d/b/a Days Inn at Freehold

Defendant, Patricia Gike, the renter of a hotel room, appeals from summary judgment holding her vicariously liable under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-l to -28, and its regulations promulgated by the Commissioner of the Department of Community Affairs (DCA), N.J.A.C. 5:10-1.1 to -28.1, for property damage caused by her guest, even though she never entered the room and was no... More...   $0 (06-28-2011 - NJ)

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