By David J. Miller | Published September 4, 2014 | Posted in Appeals, Litigation | Tagged Tags: Appellate Division, Civil Liability, Hold Harmless Agreement, Liability | Leave a comment
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Category Archive
Appeals
Appellate Division Limits Scope of Waiver Provision in Gym Membership
The New Jersey Appellate Division recently held that an exculpatory clause within a fitness club’s membership agreement does not operate to absolve the club of all liability for personal injury on its premises. The case, Walters v. YMCA, 2014 N.J. Super. LEXIS 117 (App. Div. Aug. 11, 2014), was brought by a member of the Read More
Read MoreNJ Appeals Court Requires Hearing on Wetlands Impacts in Post-Condemnation Valuation Proceeding
After New Jersey Transit used its power of condemnation to take fourteen acres of vacant land in North Bergen from a private landowner (Mori), a valuation proceeding followed. The case, New Jersey Transit v. Mori, focused on one of fourteen acres that contained wetlands regulated by the federal government (US Army Corp of Engineers or Read More
Read MoreThe Importance of a Timely Notice of Claims Against Governmental Entities
In Tracey v. Borough of Essex Fells, a case recently decided by the New Jersey Appellate Division, the plaintiff was injured when an off-duty police car nearly struck him while jogging. At the time, Tracey did not believe he was injured, but he did file a police incident report. Two months later, Tracey sought treatment Read More
Read MoreNew Jersey Appeals Court Finds Christie Administration Illegally Repealed RGGI-Related Climate Regulations
The New Jersey Appellate Division recently held that the state was not permitted to repeal administrative regulations without going through the formal rule making processes of the Administrative Procedures Act (APA), even if the subject regulations are tied to a regional cooperative effort in which the state is no longer participating. In the case, captioned Read More
Read MoreAppellate Division Rules in Favor of Defendants in Condo Association Rent Recievership Case
In Woodlake at King’s Grant Condominium Association, Inc. v. Coudriet, the New Jersey Appellate Division addressed the issue of rent receivership in the community association context. Generally, a community association seeks the appointment of a receiver so that it can rent out a vacant unit and use the proceeds to pay overdue assessments, which was Read More
Read MoreNJ Appellate Division Addresses Spoliation of Evidence in Recent Decision
Recently, the New Jersey Appellate Division in Liberty Mutual Insurance Company, et al. v. Viking Industrial Security, et al. addressed the issue of spoliation. The case involved a workers compensation insurance fraud. Coverage premiums are based upon payroll, and for several years Viking reported payroll numbers far below what they actually were to their carrier, Read More
Read MoreNJ Supreme Court Judge Rules Two-Step Process Required for Eminent Domain Zoning Changes
In a recent New Jersey Supreme Court decision entitled Borough of Saddle River v. 66 East Allendale, LLC the Court addressed whether “it was proper to allow the jury to hear evidence on the likelihood of a zoning change without the trial court first determining outside of the jury’s presence that there was a reasonable Read More
Read MoreNJDEP "Waiver Rule" Upheld by Appellate Court
On March 21, 2013, an Appellate Division panel upheld the controversial “waiver rule” adopted by the New Jersey Department of Environmental Protection (NJDEP) last March. The rule has been promulgated at N.J.A.C. 7:1B-1.1, et seq. An outgrowth of Governor Chris Christie’s effort to reduce bureaucracy and encourage economic growth through application “common sense principles,” the Read More
Read MoreFirm Congratulates its "Super Lawyers" and "Rising Stars"
Lieberman Blecher & Sinkevich is pleased to announce that founding partners Stuart J. Lieberman and Shari M. Blecher*, as well as recently named shareholder Michael G. Sinkevich, Jr.*, have been named “Super Lawyers” and “Rising Stars” by Super Lawyers Magazine.** This is a continued honor for our founding partners, who were excited to discover that Read More
Read MoreNJ Appeals Court Reverses Lane Use Variances in Closter Case
NJ Appeals Court Reverses Lane Use Variances in Closter Case Applicants before zoning boards and planning boards must prove that their application is consistent with local zoning. In other words, as a general matter, only residential applications can be approved within zones that are limited to residential use. Likewise, commercial applications are only acceptable in zones Read More
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