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Category Archive
Appellate Practice
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Appellate Division Affirms NJDEP’s Broad Authority To Ensure Public Beach Access Under New Jersey’s Public Access Law

By | Published August 28, 2025 | Posted in Appellate Practice | Tagged Tags: , , , , , , , , , | Comments Off on Appellate Division Affirms NJDEP’s Broad Authority To Ensure Public Beach Access Under New Jersey’s Public Access Law

The public trust doctrine is the common law principle that a state holds tidally flowed lands up to the mean high-water mark in trust for the people. New Jersey’s 2019 Public Access Law affirms that this doctrine is “not fixed or static,” but instead adopts to meet changing conditions and public needs. The law gives Read More

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New Jersey’s Anti-SLAPP Law: A Growing Shield for Free Speech

By | Published July 14, 2025 | Posted in Appellate Practice | Tagged Tags: , , , , , , , , , , | Comments Off on New Jersey’s Anti-SLAPP Law: A Growing Shield for Free Speech

Since 2023, New Jersey has had a powerful Anti-SLAPP law on the books – the Uniform Public Expression Protection Act (UPEPA) – designed to stop lawsuits that punish people for speaking out on public issues. SLAPP stands for Strategic Lawsuit Against Public Participation. These suits are often brought by wealthy or powerful plaintiffs – corporations, Read More

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Appellate Division Emphasizes the Standard of Scientifically Recognized Methodology Necessary to Admit Expert Testimony

By | Published January 13, 2025 | Posted in Appellate Practice, Environmental Litigation, Site Remediation | Tagged Tags: , , , , , , , | Comments Off on Appellate Division Emphasizes the Standard of Scientifically Recognized Methodology Necessary to Admit Expert Testimony

The Appellate Division emphasized in an unreported decision the standard of methodology-based testimony that experts must demonstrate in order to be deemed reliable and admissible into evidence. In Dorrell v. Woodruff Energy, 2021 N.J. Super. Unpub. LEXIS 397, the Appellate Division reiterated that a party advancing expert testimony must show that the proffered witness has Read More

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Court Imposes Massive Penalty for Spoliation of Evidence

By | Published January 6, 2025 | Posted in Appellate Practice, Class Actions, Court Decisions, Litigation, Toxic Tort & Injury Claims | Tagged Tags: , , , , | Comments Off on Court Imposes Massive Penalty for Spoliation of Evidence

An Essex County Judge recently ordered sanctions amounting to almost $850,000 for spoliation of evidence. The underlying action, Salerno Medical Associates v. Shukla, involved allegations of stolen proprietary information with the intention to open a competing revenue cycle management company.  While the trial court judge ultimately did not find that the plaintiffs proved by a Read More

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Appellate Division Remands Zoning Board Resolution for Lack of Factual Findings and Analysis

By | Published January 2, 2025 | Posted in Appellate Practice, Governmental Tort Immunity, Land Use, Litigation, Real Estate, Zoning | Tagged Tags: , , , , , , | Comments Off on Appellate Division Remands Zoning Board Resolution for Lack of Factual Findings and Analysis

A recent unreported Appellate Division decision emphasizes the detail required in zoning board resolutions.   In that case, American Outdoor Adver., LLC v. Edison Twp. Zoning Bd. of Adjustment, 2024 N.J. Super. Unpub. LEXIS 2977, the Edison Township Zoning Board denied a billboard company’s application for preliminary and final site plan approvals and conditional use and Read More

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Regardless Of Pro Se Status, Mere Speculation And Belief Is Insufficient To Defeat Summary Judgment, Appellate Division Reinforces

By | Published October 4, 2024 | Posted in Appellate Practice, Condominium Associations, Litigation | Tagged Tags: , , , , , , | Comments Off on Regardless Of Pro Se Status, Mere Speculation And Belief Is Insufficient To Defeat Summary Judgment, Appellate Division Reinforces

In Kovacs v. Wood Duck Pond Neighborhood Condo. Ass’n, Inc., the Appellate Division upheld the trial court’s finding that summary judgment was appropriate where the plaintiff failed to identify sufficient evidence to support his claims. 2024 N.J. Super. Unpub. LEXIS 2177 (September 18, 2014).  By way of background, Plaintiff owns a condominium unit located on Read More

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MONITORING AN ACCESS EASEMENT WITH CAMERAS AND A RADAR DEVICE IS A PRIVATE NUISANCE, APPELLATE DIVISION FINDS

By | Published February 26, 2024 | Posted in Appellate Practice | Tagged Tags: , , , , , , , , | Comments Off on MONITORING AN ACCESS EASEMENT WITH CAMERAS AND A RADAR DEVICE IS A PRIVATE NUISANCE, APPELLATE DIVISION FINDS

In a recent unpublished decision, the Appellate Division found that placing cameras and a speed detector in an easement to monitor the speed of the easement holder constituted an actionable private nuisance. In that case, Ursitti v. Wilson, 2024 N.J. Super. Unpub. LEXIS 197, the defendants lived on and operated a business out of a Read More

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Appellate Court upholds easement determination but declines to address conditions of permit

By | Published January 17, 2024 | Posted in Appellate Practice | Tagged Tags: , , , , | Comments Off on Appellate Court upholds easement determination but declines to address conditions of permit

The appellate case, Benji and Russel Swan v. Stephen and Lila Lamanna, concerns an easement in which access to the last 200 feet is in question. Plaintiffs argued the trial court modify the easement by relocating it to allow plaintiffs’ access to Route 47. Defendants insist that the disputed 200 feet is their private driveway Read More

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Cannabis Dispensary Application Properly Denied Under CRC’s Strict 2019 RFA Process, Appellate Division Holds

By | Published January 2, 2024 | Posted in Appellate Practice | Tagged Tags: , , , , , | Comments Off on Cannabis Dispensary Application Properly Denied Under CRC’s Strict 2019 RFA Process, Appellate Division Holds

The Cannabis Regulatory Commission properly denied an application for a medical cannabis dispensary permit because the company did not submit sufficient information for each specific category considered in the agency’s application process, the Appellate Division held on December 20 in In the Matter of the Denial of Dispensary Permit Endorsement for Spectrym Consulting Group, LLC, Read More

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Appeals Court upholds NJDEP’s discretion in an Environmental Rights Act

By | Published December 27, 2023 | Posted in Appellate Practice | Tagged Tags: , , | Comments Off on Appeals Court upholds NJDEP’s discretion in an Environmental Rights Act

The Appellate Division recently affirmed all the challenged orders below. In this matter, there are two actions that were consolidation. In the first action, the Township of West Caldwell (“Township”) challenged two orders. The first order awarded Defendants Carant Limited Partnership (“Carant”) and Anthony Pio Costa, III (“Pio”) summary judgment in an action under the Read More

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In The Media

  • On the Run: Runner/lawyer DeBord out to protect the environment she loves

    Bucks County Herald, January 4, 2024

    When Brittany DeBord runs along the Delaware River canal towpath or on the trails of Tyler State Park, she doesn’t just appreciate the natural beauty of the...

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  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

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  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

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  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

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