Recent changes
9w Halo v. Ador - Tax Exemption for Processing Operations
The Arizona Supreme Court ruled in 9w Halo OPCO, LP v. Arizona Department of Revenue that machinery used in processing operations, which changes a product's marketability, is exempt from use tax under A.R.S. ยง 42-5159(B)(1). The court reversed and remanded the case, clarifying that downstream transactions are irrelevant to this exemption.
90 Hackensack Ave, LLC v. Aponte Service Station, LLC - Breach of Contract
The New Jersey Superior Court Appellate Division affirmed a jury's verdict finding Scander LLC and Bassem Scander liable for breach of contract, breach of the implied covenants of good faith and fair dealing, and fraudulent misrepresentation concerning the sale of a gas station. The jury awarded compensatory and punitive damages.
Tomaselli v. Petco - Workers' Compensation Lien Dispute
The New Jersey Superior Court Appellate Division affirmed a lower court's decision that Petco waived its workers' compensation lien rights. The court found Petco's acceptance of a settlement amount constituted a clear waiver of its rights under N.J.S.A. 34:15-40.
Rivers v. Person - Partition and Sale Dispute
The New Jersey Superior Court Appellate Division reviewed a lower court's decision regarding a partition and sale of a jointly owned property. The appellate court reversed the denial of a motion to vacate a default judgment against the defendants, remanding the case for further proceedings.
Paterson Firefighters Association v. City of Paterson - Labor Dispute
The New Jersey Superior Court Appellate Division reversed a trial court's decision, reinstating an arbitration award that compelled the City of Paterson to pay the full costs of dental health insurance for Paterson Firefighters Association members. The court found the award was consistent with the parties' collective negotiation agreement and subsequent memorandum of agreement.
State of New Jersey v. Kelvin Williams - Criminal Appeal
The New Jersey Superior Court Appellate Division issued an opinion in State of New Jersey v. Kelvin Williams. The court affirmed the defendant's convictions for sexual assault but vacated the sentence, remanding for resentencing due to insufficient reasoning on mitigating factors and potential merger of convictions.
Howard Zlotkin v. Board of Trustees - Pension Forfeiture Appeal
The New Jersey Superior Court Appellate Division reversed a Board of Trustees decision to forfeit 10% of a teacher's pension. The court found the Board failed to act within the statutory timeframe to modify the Administrative Law Judge's initial decision, reinstating the ALJ's recommendation for a reduced forfeiture.
John W. Myers v. Wronko Loewen Benucci - Legal Malpractice Appeal
The New Jersey Superior Court Appellate Division affirmed a lower court's decision dismissing a legal malpractice claim. The court found the plaintiff's arguments unconvincing and upheld the dismissal of all claims without prejudice.
Higher Breed NJ LLC v. City of Burlington - Cannabis Retailer License
The New Jersey Superior Court Appellate Division ruled that the City of Burlington Common Council must provide a reason for denying an application for a resolution of local support for a cannabis retailer license. The court affirmed in part, vacated in part, and remanded the case for further proceedings.
New Jersey Superior Court Opinion on Guardianship of J.F.F.
The New Jersey Superior Court Appellate Division affirmed a lower court's judgment terminating parental rights of G.R.F. to his daughter, J.F.F. The appeal focused on the psychologist's testimony and evaluation, which the appellant argued were flawed and deprived him of due process.
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