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Judge, Supreme Court of New Jersey · Born 1952
On the bench with
US Bank, N.A. v. Hough
Supreme Court of New Jersey · 2012-05-22 · cited 95×
The case concerned a mortgage lender that issued a loan secured by an affordable housing condominium unit in excess of 95 percent of the unit's maximum allowable resale price, in violation of regulations promulgated by the New Jersey Housing and Mortgage Finance Agency under the Fair Housing Act. After the borrower defaulted, the Chancery Division declined to void the loan or mortgage, while the Appellate Division voided only the mortgage. The Supreme Court of New Jersey reversed, holding that the regulation's plain language declaring any such loan void as against public policy required invalidating the loan itself rather than merely the mortgage securing it. The Court reasoned that the agency's contrary interpretation would permit lenders to collect on the unlawful portion of the loan, undermining the regulation's goals of preventing predatory lending and protecting low- and moderate-income owners from unaffordable debt.
business & regulatorypropertycivil rights
Seals v. County of Morris
Supreme Court of New Jersey · 2012-05-14 · cited 5×
In this case, plaintiff John Seals sued Jersey Central Power & Light (JCP&L) and Morris County after crashing into an electric utility pole located a few feet off a county road, alleging negligent placement by the utility and failure to address a dangerous condition by the county. The trial court denied summary judgment to both defendants, but the Appellate Division reversed as to JCP&L, finding implicit approval of the pole's location and remanding on the county's liability. The Supreme Court reversed, holding that JCP&L was not entitled to immunity under Contey v. New Jersey Bell Telephone Co. because the governing statute for electric poles (N.J.S.A. 48:7-1) differs from that for telephone poles and neither the county nor township directed the pole's placement, leaving JCP&L solely responsible. The Court further ruled that any claim against the county must be evaluated under the New Jersey Tort Claims Act's provisions for dangerous conditions of property and plan-or-design immunity, remanding for further proceedings on those issues.
torts & liabilityproperty
Wilson v. City of Jersey City
Supreme Court of New Jersey · 2012-03-08 · cited 139×
The case Wilson v. City of Jersey City involved a lawsuit against two 9-1-1 operators and their public employer for alleged negligence in mishandling an emergency call reporting a disturbance that resulted in a multiple homicide. The trial court granted summary judgment to the defendants on grounds of statutory immunity, but the Appellate Division reversed, finding no immunity for errors in dispatching first responders. The New Jersey Supreme Court reversed that decision, holding that N.J.S.A. 52:17C-10 confers immunity on 9-1-1 operators and public entities for ordinary negligence in the delivery of 9-1-1 services, including the handling of emergency calls, based on the statute's language, legislative history, and overall objectives, while remanding for further proceedings on whether the operators' conduct amounted to wanton and willful disregard.
torts & liabilityprocedure
State v. Yough
Supreme Court of New Jersey · 2011-11-30 · cited 76×
The case involved defendant Stanford Yough's conviction for second-degree robbery based primarily on the testimony of victim Cesar Alva, who identified Yough in court and described seeing him multiple times before the incident. The Appellate Division reversed the conviction, holding that a mistrial should have been granted due to Alva's trial testimony suggesting post-robbery threats or intimidation by the defendant without a curative instruction. The New Jersey Supreme Court reversed that decision and reinstated the conviction, reasoning that a fair reading of the victim's testimony did not implicate inadmissible bad-act evidence under N.J.R.E. 404(b), the defendant was not unfairly prejudiced, and the trial court did not abuse its discretion in denying a mistrial.
criminal lawprocedure
Gonzalez v. Wilshire Credit Corp.
Supreme Court of New Jersey · 2011-08-29 · cited 81×
The case involved plaintiff Blanca Gonzalez, who co-owned a home pledged as collateral for a loan taken by her partner Monserate Diaz; after Diaz's death and Gonzalez falling behind on payments, the lender obtained a foreclosure judgment but entered successive post-judgment agreements with Gonzalez to forbear on the sale in exchange for payments that she alleged included illicit financing charges and predatory terms. Gonzalez sued under the New Jersey Consumer Fraud Act, claiming the servicing agent exploited her limited education and bypassed her attorney. The trial court granted summary judgment to the defendants, finding the post-judgment agreements outside the Act's scope, but the Appellate Division reversed. The Supreme Court affirmed, holding that the agreements constituted an extension of credit originating from the original loan and that fraudulent lending practices in a post-judgment setting can support a Consumer Fraud Act claim.
business & regulatoryproperty
Aronberg v. Tolbert
Supreme Court of New Jersey · 2011-08-29 · cited 30×
In this case, a mother filed survival and wrongful death claims after her uninsured son was killed in a car accident allegedly caused by another driver's negligence. The defendants argued that N.J.S.A. 39:6A-4.5(a) barred both claims because the son had been operating an uninsured vehicle. The trial court dismissed the survival claim but allowed the wrongful death claim to proceed, and the Appellate Division affirmed in a split decision. The New Jersey Supreme Court reversed, holding that the statutory bar also applied to the wrongful death action. Under the plain language of the Wrongful Death Act, heirs can recover only if the decedent could have maintained a cause of action had he lived, so the son's inability to sue due to the insurance requirement prevented the mother's recovery.
torts & liability