SABATINO, J.A.D.

This appeal concerns the enforceability of arbitration provisions contained in various form documents that a consumer signed in connection with her purchase of a new motor vehicle from a New Jersey dealership. After making her purchase and disputing several charges that the dealership had billed her, the consumer and a local chapter of the National Association for the Advan... More...   $0 (08-02-2011 - NJ)

This is a nursing home negligence action arising from injuries sustained by plaintiff Sanford Canter at the Lakewood of Voorhees Nursing Home, a New Jersey licensed long-term care facility (the nursing home). By leave granted, defendant Seniors Healthcare, Inc. (SHI) appeals from the denial of its motions for partial summary judgment and reconsideration on the issue of whether corporate veil-pierc... More...   $0 (06-28-2011 - NJ)

The Millville Dallas Airmotive Plant Job Loss Notification Act, N.J.S.A. 34:21-1 to -7 (the New Jersey WARN Act or the Act), generally provides that under certain conditions employees are entitled to notice, or alternatively, severance pay, in the event of a transfer or termination of operations, or a mass layoff by an employer. This appeal requires us to consider the novel question of whether the... More...   $0 (06-14-2011 - NJ)

Hector Huertas appeals pro se from the District Court‟s dismissal of his claims against Asset Management Professionals (“AMP�) and Applied Card Bank f/k/a Cross Country Bank (“ACB�).1 For the following reasons, we will affirm.

I.

In addition to AMP and ACB, Huertas brought this lawsuit against four other defendants – Galaxy Asset Management f/k/a Galaxy Asset purchasing (... More...   $0 (04-11-2011 - NJ)

Hector Huertas appeals pro se from the District Court‟s dismissal of his claims against Asset Management Professionals (“AMP�) and Applied Card Bank f/k/a Cross Country Bank (“ACB�).1 For the following reasons, we will affirm.

I.

In addition to AMP and ACB, Huertas brought this lawsuit against four other defendants – Galaxy Asset Management f/k/a Galaxy Asset purchasing (... More...   $0 (04-11-2011 - NJ)

Plaintiff Big M, Inc., t/a Annie Sez, the holder of a judgment against Tiffany Kraus in the amount of $672.22, obtained an order to garnish her wages. At the time, Kraus was employed as a waitress by defendant Texas Roadhouse Holding, LLC. When defendant remitted a single payment of $4.21, plaintiff filed a complaint against defendant seeking the balance due on the judgment. Defendant appeals from... More...   $0 (07-16-2010 - NJ)

Plaintiff Carl J. Mayer appeals from the order of the United States District Court for the District of New Jersey granting the respective motions to dismiss filed by Defendants Bill Belichick and the New England Patriots (“Patriots�) as well as by Defendant National Football League (“NFL�). We will affirm.

I.

This highly unusual case was filed by a disappointed football fan a... More...   $0 (05-27-2010 - NJ)

In the past twenty years, businesses and private citizens alike have embraced the use of computers, electronic communication devices, the Internet, and e-mail. As those and other forms of technology evolve, the line separating business from personal activities can easily blur.

In the modern workplace, for example, occasional, personal use of the Internet is commonplace. Yet that simple ac... More...   $0 (03-30-2010 - NJ)

G-I Holdings, Inc. (“G-Iâ€�)1 purchased from Reliance Insurance Company a policy covering claims made against G-I’s directors and officers between July 1999 and July 2002. Shortly after the policy was issued, Reliance encountered financial difficulties. In the summer of 2000, Hartford Fire Insurance Company2 took over claims administration for Reliance. Hartford also assumed some of Relianceâ€... More...   $0 (12-04-2009 - NJ)

In this matter, we review whether judicial estoppel precludes plaintiff's Law Division personal injury action, because he failed to disclose the claim in a previously filed bankruptcy petition. The Law Division dismissed plaintiff's suit, with prejudice. We reverse the December 21, 2007 order because the trial court did not give notice to the Chapter 7 Trustee, who on behalf of plaintiff's... More...   $0 (01-02-2009 - NJ)

Plaintiff Anna Karolak appeals from an order entered by the trial court on May 11, 2007, which granted summary judgment in favor of defendants Lenin Aravelo and Marcal Paper Mills, Inc. (Marcal). For the reasons that follow, we reverse.

The following facts are taken from the certifications and exhibits submitted to the trial court on the summary judgment motion. This matter arises fr... More...   $0 (01-08-2009 - NJ)

In January 2006, Donald Trump filed suit in the Superior Court of New Jersey, Camden County, against Timothy O'Brien and his publisher, claiming that O'Brien defamed him by reporting, in his 2005 biographical book, TrumpNation, that "[t]hree people with direct knowledge of Donald's finances, people who had worked closely with him for years, told me that they thought his net worth was somewhere bet... More...   $0 (10-24-2008 - NJ)

Defendant Earl Johnson appeals from a judgment entered in the Family Part in favor of plaintiff Fiona Bayne for $384,000 in damages as palimony and from a separate award of $48,660 against both Earl and his wife, defendant Carolyn Johnson, representing a fifteen percent interest in real property located in North Bergen. Carolyn initially appealed the second portion of the judgment, but that appeal... More...   $0 (10-28-2008 - 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 (“NJSPCAâ€�) and its related county organizations, the Legislature decreed that the Depart... More...   $0 (07-30-2008 - 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)

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)

Plaintiff Hilda Perez appeals from a summary judgment dismissing her complaint See footnote 1 alleging that her "rent-to-own" contracts with defendant Rent-A-Center, Inc. (defendant or Rent-A-Center) violated the Consumer Fraud Act, N.J.S.A. 56:8-1 to -135, and the Retail Installment Sales Act (RISA), N.J.S.A. 17:16C-1 to -61, because the time-price differential exceeded the 30% per annum... More...   $0 (02-11-2005 - NJ)

In August 1996, plaintiff, then a thirty-five-year-old widow with two young children, sought advice from defendants, John O'Leary, Jr., and Adam J. Gurien, regarding the investment of ... More...   $0 (02-11-2005 - NJ)

Houbigant, Inc. and Establissment Houbigant (collectively, "Houbigant") appeal the district court's order granting Federal Insurance Company's ("Federal") motion for summary judgment and denying Houbigant's cross motion for summary judgment.1 For the reasons discussed below, we will reverse the judgment of the district court and remand for further proceedings consistent with this op... More...   $0 (07-08-2004 - NJ)

2 against Congress Financial Corporation to recover $10.5 million dollars in payments from Tops to Congress. The Bankruptcy Court granted summary judgment in favor of Congress, ... More...   $0 (06-22-2004 - NJ)

We granted certification in this matter to consider for the first time L. 1995, c. 49, now codified at N.J.S.A. 2A:53A-25, which governs an accountant's liability to third parties for negligence. 178 N.J. 249 (2004). We affirm the decision of the Appellate Division substantially for the reasons stated in Judge Coburn's opinion, E. Dickerson & Son v. Ernst & Young, 361 N.J. Super. 362 (App. Div... More...   $0 (05-11-2004 - NJ)

This appeal presents us with an opportunity to revisit the Construction Lien Law, (CLL or Act), N.J.S.A. 2A:44A-1 to -38, a statute that was enacted primarily to secure payment for contractors, subcontractors, and suppliers who furnish labor or materials used to enhance the value of the property of others. The case involves a "lien claim" (N.J.S.A. 2A:44A-9), which constitutes the value of the ... More...   $0 (03-24-2004 - NJ)

Because of the scientific uncertainties inherent in pinpointing the onset and course of progressive environmental injury, traditional liability insurance contract language did not resolve the question of when an "occurrence" takes place in that context. In Owens-Illinois, Inc. v. United Insurance Co., 138 N.J. 437 (1994), we adopted the continuous-trigger theory, which posits that such injury o... More...   $0 (03-24-2004 - NJ)

Appellant Pathmark Stores, Inc. and Plainbridge, LLC (Pathmark) own and operate more than o... More...   $0 (02-23-2004 - NJ)

This is an insurance coverage case. Plaintiff commenced a survival action and wrongful death action arising out of her husband's death due to an automobile accident. Specifically, the decedent died of injuries that he had sustained when his van was struck by another vehicle. The principal question is whether plaintiff's actions trigger separate "per person" coverage claims under a split limit ... More...   $0 (01-26-2004 - NJ)

This case demonstrates the importance of collegiality and professionalism among members of the Bar. Collegiality and professionalism can obviate unnecessary court intervention, needless expense and fees for clients, and protracted legal proceedings. Zealous advocacy on behalf of one's client does not excuse a belligerent and uncompromising approach to the discovery process. This appeal ar... More...   $0 (08-12-2003 - NJ)

This appeal requires us to decide whether an ultimate outcome charge should be given in a civil trial where the plaintiffs were not negligent and the jury's task was to allocate causative fault among joint tortfeasors.See footnote 11 The trial judge instructed the jury that plaintiffs may recover the full amount of their damages from any defendant found to be sixty percent or more responsible f... More...   $1640000 (07-24-2003 - NJ)

In this appeal we address the availability of counsel fees and costs under R. 4:58-3 in a multi-defendant, multi-count case in which plaintiff failed to accept separate offers of judgment conveyed by all defendants on the same date. We hold that Schettino v. Roizman Development, Inc., 158 N.J. 476 (1999), controls on the facts before us. We affirm summary judgment dismissing the counsel fee ap... More...   $0 (06-16-2003 - NJ)

Breach of contract claim relating to errors and omissions coverage provided by Chubb Insurance Company to NJ-CAR Insurance Trust which filed for bankruptcy. The NJ-CAR Insurance Trust went bankruptcy because of improper management and unexpected changes in the cost of healthcare delivery according the bankruptcy trustee.... More...   $7500000 (05-07-2003 - NJ)

Plaintiff Carlos Cuesta appeals from a judgment entered in connection with the complaint he filed against defendant Classic Wheels, Inc., alleging, in part, violation of the Consumer Fraud Act, N.J.S.A. 56:8-1 to 106 (the Act). The trial court found that, although defendant violated the Act, plaintiff failed to establish damages. Consequently, the trial court dismissed the complaint. On appeal,... More...   $0 (03-21-2003 - NJ)

Once again we consider the Charitable Immunity Act, N.J.S.A. 2A:53A –7 to –11 (the Act). More particularly, we are called on to determine whether an association organized exclusively for educational purposes is nevertheless required to demonstrate some level of income from charitable donations to qualify for immunity. We have concluded that it need not. We also have determined that a church can be... More...   $0 (02-11-2003 - NJ)

In these consolidated appeals, plaintiff seeks to reverse the trial judge's grant of defendants'See footnote 11 motion for a new trial; and third-party defendant, Clarks Landing Marina, Inc. (Clarks Landing), seeks to reverse the judge's denial of its motion for judgment notwithstanding the verdict. We reverse the grant of a new trial and the denial of judgment notwithstanding the verdict (J.N.O... More...   $0 (02-13-2003 - NJ)

The facts in this controversy are undisputed. On November 15, 1996, plaintiff seriously injured his left arm, hand, and fingers when he attempted to inspect and repair the newspaper convey... More...   $0 (02-07-2003 - NJ)

Plaintiff sued defen... More...   $0 (01-22-2003 - NJ)

Plaintiff, The Glen, Section I, Condominium Association (Association), which sued defendant, John H. June, Jr., for $9925, appeals from a judgment of the Law Division, Somerset County, signed September 1, 2000, which found that it owed June $5.80. That part of the same order which directed the Association to remove a lolly column placed directly in front of June's garage on September 1, 2000, or s... More...   $0 (10-12-2001 - NJ)

This is an appeal by Plaintiff Coast Automotive Group, Ltd. ("Coast") from a grant of summary judgment in favor of Defendant VW Credit, Inc and several of its employees. (collectively "VCI"). Coast's primary contention on appeal is that the District Court improperly invoked judicial estoppel to dismiss its claims. Because we conclude that the District Judge failed to apply the standards for ... More...   $0 (01-31-2002 - NJ)

The primary issue in this appeal concerns the refusal of a franchisor to consent to the franchisee's transfer of the franchises, N.J.S.A. 56:10-6, and the consequences when that consent is found by a court to be unreasonably withheld. We conclude that the Franchise Practices Act, in particular N.J.S.A. 56:10-6, contemplates that the remedy of specific performance is available to compel the transfe... More...   $0 (01-04-2002 - NJ)

Leave to appeal was granted plaintiff German Arevalo from summary judgment dismissing his product liability lawsuit against one of several defendants, Collins & Aikman Products Co., Inc. (C&A), on the ground that, as a successor company, C&A did not continue the line of the allegedly defective product manufactured by its predecessor-in-interest, the Wickes Corporation. We reverse because the produ... More...   $0 (10-26-2001 - NJ)

This appeal involves the statute of limitations for filing an action under New Jersey's Uniform Fraudulent Transfer Act (UFTA), N.J.S.A. 25:2-20 to -34. The main issues are at what point the UFTA's four-year statute of limitations begins to run and at what point a creditor “could reasonably have ... discovered” the transfer in circumstances that permit the one-year tolling of the statu... More...   $0 (03-01-2001 - NJ)

The principal issue on appeal is whether the submission of fraudulent legal bills for approval to the United States Bankruptcy Court violates the False Claims Act, 31 U.S.C. S 3729. We hold the False Claims Act only prohibits fraudulent claims that cause economic loss to the government. We also hold that a r etaliatory discharge cause of action under 31 U.S.C. S 3730(h) requires proof that t... More...   $0 (06-13-2001 - NJ)