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|New Jersey Appellate Division Vacates Rehabilitation Area Designation of Former Industrial Complex in Hoboken|
John J. Reilly; Greenbaum, Rowe, Smith & Davis LLP;
September 30, 2014, previously published on September 2014On September 23, 2014, the New Jersey Superior Court Appellate Division issued a decision approved for publication in R. Neumann & Co. v. City of Hoboken, in which plaintiff Neumann challenged the Hoboken City Council’s 2011 designation of its landmark Observer Highway former industrial...
|Let It Snow! Let it Snow! Let It Snow! There Is No Bad Weather Exception to The Coming and Going Rule for NJ Workers’ Compensation|
Robert J. Fitzgerald; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 25, 2014, previously published on September 1, 2014The New Jersey Appellate Division has determined that there is no “bad weather” exception to compensability in New Jersey workers’ compensation in the case of Adi Kotler v. DCH Motors, LLC v. Safety National Casualty Corp., 2014 N.J.Super. Unpub. LEXIS 1363 (App. Div. June 11,...
|California Taxpayer Entitled to Attorney Fees after Successful Commerce Clause Challenge|
Zachary T. Atkins, Prentiss Willson; Sutherland Asbill & Brennan LLP;
September 25, 2014, previously published on September 22, 2014 A California Court of Appeal held that a taxpayer who brought a successful facial challenge against a state taxing scheme met all of the requirements for an award of attorney fees and that the trial court abused its discretion by failing to award the fees. The taxpayer, an individual, sought a...
|“Totality of the Circumstances” Standard Used to Sanction Mortgagee for Lack of “Good Faith” Negotiation in Foreclosure Matter|
Edward W. Chang, Francis X. Crowley, Margaret Anne Hill, Kevin C. Rakowski; Blank Rome LLP;
September 24, 2014, previously published on September 2014Action Item: While engaged in court-ordered mediation in NY foreclosure cases, mortgagees and servicers must insure prompt and thorough review of loan mod applications and provide consistent responses to those applications to prevent sanctions for bad faith negotiation.
|Insureds Liable for Over $800,000 under New Jersey’s Insurance Fraud Protection Act; Insurer Not Required to Return Premiums as Predicate for Recovery in Case Where Fraud is Alleged in Making a Claim on the Policy, Not in Procuring the Policy (New Jersey Appellate Division)|
Fineman Krekstein Harris P.C.;
September 24, 2014, previously published on September 19, 2014In Masaitis v. Allstate New Jersey Insurance Company, the jury not only ruled that the insureds were not entitled to compensation from the insurer for a fire loss to their home, but there was a judgment awarding more than $800,000 against them under N.J.S.A. 17:33A-7(a), a provision of the...
|7th Circuit Confirms That "Sorry for Partying" Is Fair Use; Questions Transformative Use Test|
Eric J. Hatchell; Foley & Lardner LLP;
September 23, 2014, previously published on September 17, 2014In 1969, while a student at the University of Wisconsin-Madison, Paul Soglin was arrested at the first Mifflin Street Block Party, a student protest of the Vietnam War. Over forty years later when that same Paul Soglin (now as mayor of Madison), attempted to shut down that same Mifflin Street Block...
|Appellate Court Clarifies Costs Recovery Rules In CEQA Litigation|
Katherine J. Hart; Abbott & Kindermann, LLP;
September 23, 2014, previously published on September 22, 2014In Coalition for Adequate Review v. City and County of San Francisco (September 15, 2014, A135512) ---Cal.App.4th ---, the Court of Appeal, First Appellate District, reversed in part and remanded in part, a trial court’s denial of the City’s ability to recover costs for the record of...
|An Appeal To The City Council Fails To Wash Away All CEQA Sins. Consideration Of Historical Resources In A Negative Declaration Falls Under The Substantial Evidence Test, Not The Fair Argument Test.|
William W. Abbott; Abbott & Kindermann, LLP;
September 23, 2014, previously published on September 23, 2014The courts have been clear: the decisionmaking body has to consider the CEQA document before taking action to granting a discretionary approval. A recent court decision examines a variation on that practice when the approving body approved the CEQA document, but lacked the authority under the local...
|Wisconsin's Voter-ID Case Provides a Lesson in Interim Relief|
Kellen C. Kasper; Foley & Lardner LLP;
September 23, 2014, previously published on September 16, 2014In recent weeks, several high-profile cases involving Wisconsin public policy have come before the Seventh Circuit. In many instances, these cases have provided not only insights on the federal judicial system for the general public, but also reminders for appellate practitioners of the nature of...
|Wisconsin Court of Appeals Provides a Lesson in Documenting the Settlement|
Rachel M. Blise; Foley & Lardner LLP;
September 23, 2014, previously published on September 22, 2014A recent case from the Wisconsin Court of Appeals demonstrates the necessity of properly documenting the details of a settlement after agreement is reached on the amount. In Singler v. Zurich American Insurance Co., 2014AP391, Robert Singler and Zurich American Insurance Co. agreed to settle...