State v. Dangcil NJSBA brief raises constitutional concerns with jury selection process used in Bergen County criminal trial Read the brief here.
S.C. v. New Jersey Department of Children and Families, Docket No. A-57-18. The Supreme Court held that the standard for a finding of “not established” is “vague, amorphous, and incapable of any objective calibration” because it requires less than a preponderance of the evidence and only requires “some” evidence. Read the Supreme Court opinion. Read the NJSBA opinion
Sullivan v. Max Spann Real Estate and Mengxi LiuDo realtor-prepared residential real estate contracts executed as a result of a real estate auction need to abide by the requirements in NJ State Bar Ass’n v. NJ Association of Realtor Boards, In re Opinion 26 of the Committee on the Unauthorized Practice Law, and N.J.A.C. 11:5-6.2, requiring inclusion of a three-day attorney review period and certain notice about retaining counsel in the transaction? Click here to read the brief written by F. Bradford Batcha, Esq., Alexander Fineberg, Esq., Martin Liberman, Esq. and Lee B. Roth, Esq.
In Re Supreme Court Advisory Committee on Professional Ethics Opinion No. 735Docket No. 83396Should ACPE Opinion 735, which found that a lawyer may, consistent with the rules governing attorney ethics, purchase an internet advertisement that uses a competitor lawyer’s name as the purchased search term, be subject to a more robust review process?Click here to read the brief in support of petition for review of ACPE Opinion 735 written by Bonnie C. Frost, Esq.Click here to read the brief in response to brief and appendix on behalf of the Advisory Committee on Professional Ethics written by Bonnie C. Frost, Esq.Click here to read the letter brief written by NJSBA President Kimberly A. Yonta, Esq.
Delaney v. Dickey and Sills Cummis and Gross, PC Docket No. 083440Under the circumstances presented, was the arbitration clause in the attorney-client retainer agreement unenforceable because it violated the Rules of Professional Conduct?Click here to read the brief written by Andrea J. Sullivan, Esq. and Kersten Kortbawi, Esq.
State of New Jersey v. Robert Andrews
Appellate Division Docket No.: A-000291-17Can a criminal defendant be compelled to disclose the passcode to his or her cellular phone?Click here to read the brief written by Christopher J. Keating, Esq., Richard F. Klineburger, Esq., Brandon D. Minde, Esq. and Matheu D. Nunn, Esq.
Case: A-69-18, Antonio Chaparro Nieves v. Office of the Public Defender, (Do. No. 082262)Are legal malpractice claims exempt from the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, and is plaintiff’s “loss of liberty” damages claim subject to the verbal threshold of the TCA?Click here to read the brief written by George Conk, Esq.
Statement of issue on appeal for: A-56-18 State v. Michael Olenowski (082253)Is Drug Recognition Experts (DRE) evidence – which, in this case, included testimony that defendant was under the influence of narcotics while driving – admissible under the standard articulated in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923)?Click here to read the brief written by John Menzel, Esq., Joshua H. Reinitz, Esq. and Miles S. Winder III, Esq.
Department of Children and Families v. L.O.Appellate Division Docket No. A-7-15t2At issue in this matter is whether fundamental fairness and due process require the appointment of counsel in administrative child abuse proceedings, and any appeal that follows.Click here to read the brief written by Amy E. Vasquez, Esq.
Miesels v. Fox Rothschild, et. al.Appellate Division Docket No.: A-3519-15T4Can plaintiff maintain a cause of action for conversion and breach of fiduciary duty pertaining to $2.4 million deposited in the defendant law firm’s attorney trust account, under the circumstances presented?Click here to read the brief written by Benjamin J. DiLorenzo, Esq., Ann Marie Effingham, Esq. and Diana C. Manning, Esq.
Barbara Orientale v. Darrin L. JenningsAppellate Division Docket No.: A-879-14T1Did the trial court apply the appropriate standard and analysis in determining an award of additur?Click here to read the brief written by Craig J. Hubert, Esq., Thomas J. Manzo, Esq., William H. mergner Jr., Esq. and Brandon C. Simmons, Esq.
Van Riper v. New Jersey Division of TaxationAppellate Division Docket No.: A-3024-16T4Does tenancy by the entirety ownership continue despite the transfer of property to a trust and what are the appropriate inheritance tax implications?Click here to read the brief written by Andrew J. DeMaio, Esq., Glenn A. Henkel, Esq., Jill Lebowwitz, Esq. and Heather G. Suarez, Esq.
Lisa Balducci v. Brian M. CigeAppellate Division Docket No.: A-3068-16T2Is defendant-attorney’s retainer agreement in a fee-shifting case unenforceable because defendant failed to adequately inform the client of the ramifications?Click here to read the brief written by William E. Denver, Esq., Thomas H. Prol, Esq. and Edward J. Zohn, Esq.
MTK Food Services, Inc., d/b/a The Palace Restaurant v. Sirius America Insurance Company, et. al.Supreme Court Docket No.: 081610In a legal malpractice matter where the representation occurred in Pennsylvania but the attorney is dual-licensed in New Jersey, should Pennsylvania’s two year statute of limitations or New Jersey’s six year statute of limitations apply?Click here to read the brief written by David R. Kott, Esq., William T. Reilly, Esq., and Christopher A. Rojao, Esq.
Appellate Division Docket No.: A-001309-17T2Click here to read the brief written by David R. Kott, Esq., William T. Reilly, Esq., and Christopher A. Rojao, Esq.
State v. Eileen CassidySupreme Court Docket No.: 078390What impact, if any, does a failure to test the simulator solutions with the NIST-traceable digital thermometer before calibrating an Alcotest machine have on the results of a breath test performed on that machine?Click here to read the brief written by Arnold N. Fishman, Esq., Jeffrey E. Gold, Esq. and Miles S. Winder III, Esq.NJSBA Response Brief
Evangelos Dimitrakopolous v. Borrus, Goldin, Foley, Vignuolo, Hyman and Stahl, P.C. Supreme Court Docket No,: 080357 Did the entire controversy doctrine require that plaintiffs pursue their malpractice action as a defense or counterclaim in defendants’ prior action against plaintiffs for the collection of attorneys’ fees?Click here to read a copy of the brief
Joint Opinion of the ACPE Opinion 732, et. al.Supreme Court Docket No.: 079852 Did the ACPE, CAA and UPL Committee improperly apply RPCs 5.4, 7.2 and 7.3 in prohibiting attorneys from participating in programs with certain online legal service providers?Click here to read NJSBA Brief Amanda Kernahan v. Home Warranty Administrator of Florida, Inc. and Choice Home WarrantySupreme Court Docket No.: 079680Was the arbitration clause in this home appliance service agreement unenforceable under Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (2014), for failure to provide the purchaser with adequate notice that she was relinquishing her right to bring a consumer fraud claim in court?Click here to read a copy of the brief
Estate of Mary Van Riper v. New Jersey Division of TaxationAppellate Division Docket No,: A-3024-16T4What assets placed in a trust are subject to New Jersey’s transfer inheritance tax and when?Click here to read a copy of the brief
Bianchi v. Ladjen, et. al.Appellate Division Docket No,: A-3310-15 Questions about procedures used in house closings, the role of title companies, and the use of experts and net opinionsClick here to read the NJSBA Brief
Dunbar Homes, Inc. v. The Zoning Board of Adjustment of the Township of Franklin Supreme Court Docket No,: 079076When is a submission to the planning board considered an “application for development” that triggers the “time of application rule,” which states that the regulations in effect on the date of submission of an application for development govern the review of that application?Click here to read the brief
Heredia v. PiccininniAppellate Division Docket No.A-5714Should the judges be required to ask open-ended void dire questions during jury selection and if the failure to do so is grounds for a new trial?Click here to read the brief written by Lauren D. Fraser, Esq., John E. Gregory, Esq., Liana M. Nobile, Esq., and Michael R. Pagliione, Esq. John Smith, a fictitious person. v. Arvind R. Datla, MD; Consultants in Kidney Disease, PA, ABC 1-20 (one or more fictitious corporations), DEP Company 1-20 (one or more fictitious companies); John and/or Jane Doe 1-20 (names being fictitious)Appellate Division Docket No.A-1339-16T3The Appellate Division case, Smith v. Datla, centers on a question over the application of what statute of limitations should apply, and the NJSBA warns it presents access to justice issues that could have wide-ranging effects. Click here to read the brief by Thomas H. Prol, Esq., William H. Mergner Jr., Esq., and Liana M. Nobile, Esq.Smith v. Datla involved the proper statute of limitations that should be applied to matters involving the AIDS Assistance Act. The association successfully advocated against any attempt to limit the rights of people living with HIV/AIDS and their access to the courts due to a restrictive statute of limitations, which could have broad-reaching effects and extend to claims in other areas of law. The Appellate Division agreed completely with the NJSBA's amicus position. Read the opinion here.The New Jersey Supreme Court upheld the Appellate Division ruling in Smith v. Datla, which was in line with the association's amicus argument. Read the opinion here.
Jamie Taormina Bisbing v. Glenn R. Bisbing, IIISupreme Court Docket No. 077533Appellate Division Docket No.: A-4059-14Did the plaintiff, who did not have an attorney, make a clear, knowing and unmistakable waiver of statutory rights to have a court grant permission to relocate children?Click here to read the brief written by Timothy F. McGoughran, Esq., Brian G. Paul, Esq., Derek M. Freed, Esq. and Albertina Webb, Esq. Paterson v. Borough of Garwood/VillarautSuperior Court of New JerseyAppellate DivisionDocket No.: A-2328-15Challenges a trial court decision that imposed notice requirements on a land use application that are more stringent than those set forth in the Municipal Land Use Law (“MLUL”) and the case law interpreting it. Click here to read the brief written by Howard D. Geneslaw, Esq., Cameron W. MacLeod, Esq. and Michael D. DeLoreto, Esq.
Ekaterina Schoenefeld v. State of New York, New York Supreme Court, Appellate Division, Third Judicial Department, Committee on Professional Standards of New York Supreme Court, Appellate Division, Third Judicial Department and Its MembersUnited States Court of Appeals For the Second Circuit Docket No.: 11-4283-cvNJSBA submits a brief of amicus curiae in support of Plaintiff's Petition for Rehearing, and argues that The Court should grant rehearing en banc because the panel decision substantially limits the important right of clients to choose their own counsel.Click here to read the brief written by David B. Rubin, Esq.
State of New Jersey v. Scott Robertson
Supreme Court Docket No.: 075326Appellate Division Docket No.: A-58-14What is the appropriate standard for a stay pending appeal in matters involving the suspension of a motor vehicle license in two scenarios: a) From a judgement issued in municipal court on appeal to the Superior Court, and (b) from a judgement issued in the law division on appeal to the Appellate Division? Click here to read the brief written by Jeffrey Evan Gold, Esq. and Kimberly A. Yonta, Esq.The Court generally agreed with the NJSBA amicus position that the Crowe standards do not apply to applications for a stay of driver’s license suspension in DWI appeals from municipal court to the Law Division. The Court held there should be a presumption in favor of a stay unless there is a serious safety threat. Read the opinion here. Mortgage Grader, Inc. v. Ward & Olivo, LLP.
Supreme Court Docket No.: 075310 Does a law firm practicing as an LLP get converted into a general partnership, allowing its individual partners to be held liable for the negligence of fellow partners, when it fails to maintain professional liability insurance required to operate as an LLP under R. 1:21-1C(a) (3)?Click here to read the brief written by Peter J. Gallagher, Esq.
State of New Jersey v. DenelsbeckSupreme Court Docket No.: 075170Was this defendant, who is charged with a fourth offense of driving while intoxicated (DWI), entitled to a jury trial because of the aggregate penalties that he faced?Click here to read the brief written by Jeffrey Even Gold, Esq., Barbara Ungar, Esq. and Justin M. Moles, Esq.
State v. William L. Witt
Supreme Court Docket No.: 074468
Did the automobile exception to the warrant requirement, as articulated in State v. Pena-Flores, 198 N.J. 6 (2009), apply to permit the search of defendant’s vehicle and seizure of the handgun from the console?
HELD: The exigent-circumstances standard set forth in Pena-Flores is unsound in principle and unworkable in practice. Citing Article I, Paragraph 7 of New Jersey’s State Constitution, the Court returns to the standard articulated in State v. Alston, 88 N.J. 211(1981), for warrantless searches of automobiles based on probable cause: The automobile exception authorizes the warrantless search of an automobile only when the police have probable cause to believe that the vehicle contains contraband or evidence of an offense and the circumstances giving rise to probable cause are unforeseeable and spontaneous
Sergio Rodriguez v. Raymours Furniture Supreme Court Docket No.: 074603Could the employer enforce a contractual provision in an employment application, by which the employee waived the two-year statute of limitations applicable to claims against the employer and shortened the period for such claims to six months?Click here to read the brief written by John E. Keefe, Jr., Esq., Stephen T. Sullivan, Jr., Esq., Liana M. Nobile, Esq., and Javier J. Diaz, Esq.
State v. James Buckner
Supreme Court Docket No.: 074390
Does N.J.S.A. 43:6A-13(b), which authorizes the recall of retired judges for temporary service, violate provisions of the New Jersey State Constitution?
Held: Defendant has failed to show beyond a reasonable doubt that the Recall Statute is clearly repugnant to the New Jersey Constitution. To the contrary, the current law, in effect since 1975, is consistent with both the language and the history of the modern State Constitution, and does not violate the separation of powers doctrine.Click here for the Opinion
Anthony C. Major v. Julie Maguire
Supreme Court Docket No.: 074345
When adjudicating an application for grandparent visitation, under what circumstances must the trial court follow the procedural guidelines articulated in the Appellate Division's recent decision R.K. v. D.L., Jr., 434 NJ Super. 113 (App. Div. 2014)?
Conley, et. al. v. Guerrero, et. al. App. Div. Docket No. - A-3796-13Was proper notice of termination for a real estate contract, during an attorney review period, served when buyer’s broker received notice of termination via facsimile and via electronic mail?Click here to read the brief written by Stuart J. Lieberman, Esq., Heather G. Suarez, Esq., and F. Bradford Batcha, Esq.Supreme Court Docket No. 076928
State of New Jersey v. Timothy Adkins
Supreme Court Docket No.: 073803
Should the defendant's blood test results be suppressed in light of the U.S. Supreme Court's decision in Missouri v. McNeeley, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013), which held that there is no per se rule of exigency in drunk driving cases?
Click here to read the brief written by Jeffrey Evan Gold, Esq. and Thomas Cannavo, Esq.
In the Matter of Opinion No. 17-2012 of the Advisory Committee on Professional Ethics Docket No.: 072810May an attorney volunteer on behalf of Volunteer Lawyers for Justice to provide pro bono legal services to a debtor in a "no-asset" Chapter 7 bankruptcy proceeding if the attorney's law firm represents a creditor of the debtor in an unrelated matter? Held: Volunteer Lawyers for Justice’s pro bono bankruptcy program does not present a conflict of interest under RPC 1.7. With appropriate safeguards, a volunteer attorney can represent a low-income debtor in a no-asset Chapter 7 bankruptcy matter even if the attorney’s firm represents one or more of the debtor’s creditors in unrelated matters.Click here to read the Brief written by Susan A. Feeney, Esq., Emily B. Goldberg, Esq. and Judah Skoff, Esq.Click here to read the Opinion
Peter Innes v. Marzano-Lesnevich, et.al.
Supreme Court Docket No.: 074291
This case focuses on a number of issues, including (1) whether the attorney fee provisions established in Saffer v. Willoughby can be extended to permit non-clients to obtain an award of attorney's fees from their adversary's attorneys for alleged negligence, and (2) what criteria should be used to qualify experts in legal malpractice cases.
Elizabeth Gnall v. James GnallSupreme Court Docket No.: 073321This case questions the reversal of a limited duration alimony award and whether a fifteen-year marriage qualifies as short term, precluding an award of limited duration alimony Click here to read the brief written by Brian Schwartz, Esq., Derek Freed, Esq. and Brian Paul, Esq.
Morristown Associates v. Grant Oil Company Supreme Court Docket No.: 073248Does the general six-year statute of limitations established by N.J.S.A. 2A:14-1 for damage to property apply to a private claim for contribution under the New Jersey Spill Compensation Control Act; and if so, did the discovery rule allow plaintiff to pursue claims for damages arising prior to the limitations period?Click here to read the Brief written by Craig S. Provorny, Esq. and Laurie J. Sands, Esq. on behalf of the New Jersey State Bar Association.
State of New Jersey v. Julie KuropchakSupreme Court Docket No.: 072718In this appeal challenging a conviction of driving while intoxicated, was it error to admit the documentary evidence and the Alcotest results, and was the observational evidence sufficient to sustain the conviction?Click here to read the Brief written by John Menzel, Esq. on behalf of the New Jersey State Bar Association.
State of New Jersey v. James J. Revie
Is a defendant who is convicted of a third offense of driving while intoxicated (DWI) more than ten years after his second DWI conviction entitled to a second step-down in sentencing under N.J.S.A. 39:4-50(a)(3) after having already received a step-down in sentencing on his second DWI conviction?
Click here to read the Brief written by Jeffrey Evan Gold, Esq.
Ross v. Maeker
Supreme Court Docket No.: 072185
Does the 2010 amendment to the Statute of Frauds (N.J.S.A. 25:1-5(b)) requiring a writing memorializing palimony agreements and independent advice of counsel prior to executing such an agreement apply to bar enforcement or oral agreements that existed before adoption of said amendments?
Click here to read the opinion
D&D Associates, Inc. v. North Plainfield Board of EducationThird Circuit Case No.: 12-2236Can the attorney for the Board of Education be sued by plaintiff for defamation and tortious interference for statements in pre-litigation letters sent to plaintiff’s attorneys and plaintiff’s performance bond surety termination the parties’ contractual relationship?Click here to read the Brief written by Ralph J. Lamparello, Esq., Thomas H. Prol, Esq. and Sharon A. Balsamo, Esq. on behalf of the New Jersey State Bar Association
Acupuncture Society of NJ v. NJ Department of Banking and Insurance, Docket No. A-1792-12
NJ Healthcare Coalition v. NJ Department of Banking and Insurance, Docket No. A-1038-12
NJ Coalition for Quality Health Care v. NJ Department of Banking and Insurance, Docket No. A-1445-12
NJ Association of Justice in NJ v. NJ Department of Banking and Insurance, Docket No. A-1636-12
The case focuses on whether DOBI exceeded its authority in adopting new regulations governing personal injury protection benefits provided in the aftermath of auto accidents.
Martin O'Boyle v. Borough of Longport (070999)
Are the documents requested from the Borough protected from access under the Open Public Records Act because they are protected by the attorney work-product privilege and common interest doctrine?
In the matter of Sean Alden Smith, an Attorney at Law, Docket No. 070529 D-98-11 - This case questions whether the DRB has authority to order diversion during the post-complaint stage of a disciplinary proceeding.
Click here for the NJSBA brief drafted by Kevin McCann, David Dugan, Robert Hille
Schoenefeld v. State of New York, Docket No. 11-4283-cv (pending in the Second Circuit) – Is a New York statute requiring non-resident attorneys to maintain an office in the state unconstitutional?
Click here for the NJSBA brief drafted by David B. Rubin.
A federal appeals court said the question of whether an attorney must have an office in New York in order to handle cases there needs more review. Click here to read the decision.
State v. Cahill, Docket No. 68,727 -- Were defendant’s motor vehicle violations properly dismissed on the basis that he was denied a speedy trial? Decision pending.
Click here for the NJSBA brief drafted by Jeffrey Evan Gold.
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