New NJ Supreme Court Justice Confirmed
Earlier today, the New Jersey Senate unanimously approved Faustino Fernandez-Vina, Governor Chris Christie's appointment to the New Jersey State Supreme Court. Fernandez-Vina, who was born in Cuba and immigrated to the U.S. as a child, will be the second Hispanic justice on New Jersey's highest court, Justice Ariel A. Rodriguez being the other. ...
Voiding a New Jersey Real Estate Tax Foreclosure Judgment Due to Defective Service of Legal Process
In New Jersey, a homeowner can lose his or her home for failure to pay real estate taxes to the town/city where the property is located. Unlike mortgage foreclosure cases where the property is required to go to a judicial sale and the homeowner is given one final shot to save the home by "redeeming" or paying off the judgment within 10 days from t...
NJ Supreme Court Upholds DWI Alcotest
In an recent, important decision affecting the rights of drivers charged with DWI in New Jersey, the New Jersey Supreme Court ruled that law enforcement officers in the State shall be permitted to continue the use of the Alcotest device on individuals suspected of DWI, notwithstanding flaws in the Alcotest's software that have remained since the ...
Judicial Estoppel: Dismissing Post-Bankruptcy Litigation Claims Omitted From the Bankruptcy Filing
In this post I examine the doctrine of judicial estoppel in the context of post-bankruptcy litigation of claims, assets or causes of action omitted from a debtor's bankruptcy filing, examining the doctrine's application under federal law in the Third Circuit Court of Appeals and New Jersey state courts.
Under federal law, a debtor is required to ...