New Jersey State Bar Association - The voluntary Bar Association of New Jersey, serving members since 1899.

Amicus Cases Archive

Paul M. DePascale v. State of New Jersey

A central tenet of the New Jersey State Bar Association’s efforts is to support access to justice and the critical importance of judicial independence as a cornerstone of our democracy. 

The New Jersey State Bar Association has supported Judge Paul M. DePascale in his recent lawsuit, through op-eds and letters to the editor in statewide publications, and through a resolution of the Board of Trustees calling for the repeal of P.L. 2011, Chapter 78, an Act Concerning Employee Pension and Health Care Benefits, as it applies to sitting judges of the Superior Court and justices of the New Jersey Supreme Court.

Last week, the NJSBA filed papers seeking an amicus role before the New Jersey Supreme Court in support of judicial independence, and the judge’s lawsuit itself, calling for the law to be declared unconstitutional. 

Click here to read the brief.

Matter of Boggia

The New Jersey Supreme Court issued its decision in the case of Matter of Boggia on July 27, 2010. The case questions whether a part-time municipal court judge should be disciplined for political contributions made by his two-partner law firm without his knowledge. The Court concluded that, given the particular facts of this case, Judge Boggia should not be disciplined, but agreed with the NJSBA that even part-time municipal court judges should be subject to the contribution prohibitions contained in the Rules governing Judicial Conduct.

Guido v. Duane Morris

(decision pending) In this legal malpractice action, was the defendant attorney entitled to summary judgment based on the client's prior agreement to settle the underlying litigation?

Klumpp v. Borough of Avalon

(decision pending) May a municipal occupy a property and obtain title through adverse condemnation without initiating condemnation proceedings under the Eminent Domain Act, N.J.S.A. 20:3-1 to 50?

Stengart v. Loving Care Agency, Inc.

Under the circumstances presented, does the attorney-client privilege protect this employee's email with her attorney sent through her personal, internet-based email account while using her employer-issued computer?

Fawzy v. Fawzy

Fawzy v. Fawzy - 199 N.J. 456 (2009) Questions whether parents can resolve custody and parenting time disputes using arbitration.

Fernandez v. Nationwide Mutual Fire Insurance Company

Fernandez v. Nationwide - 199 N.J. 591 (2009) Does an automobile insurer's right to reimbursement for paid personal injury protection benefits have priority over the insured's right to be made whole where the negligent driver's insurance does not fully cover the insured's personal injury damages?

Hand v. Philadelphia Insurance Company

Hand v. Philadelphia Insurance Co. - 408 N.J. Super. 973 (App. Div. 2009) Whether a legislative enactment prohibiting "step-down" clauses in commercial automobile insurance polices should be retroactive.

Makroulakis v. Empire Fire and Marine Insurance Company

Makroulakis v. Estate of Garcia - A-2800-07T2 (App. Div. 2009) Whether a legislative enactment prohibiting "step-down" clauses in commercial automobile insurance policies should be retroactive.

Agha v. Feiner

Agha v. Feiner - 198 N.J. 50 (2009) At issue is whether the testimony of a physician qualified to interpret an MRI was required to establish that the MRI represented proof of a herniated disc, and, absent such testimony, whether the trial court was required to give a limiting instruction regarding the jury's use of the MRI.

Brundage v. Estate of Carambio

195 N.J. 575 (2008) Whether plaintiff's attorney violated the Ruels of Professional Conduce by not disclosing knowledge of a pending appeal in a case confronting the same issue at the case at bar.

Jablonowska v. Suther

195 N.J. 91 (2008) Whether the verbal threshold applies to a person who has not sustained a bodily injury in an accident but who suffered emotional distress fro witnessing the death of a close family member

Olkusz v. Brown

401 N.J.Super 496 (App. Div. 2008) Whether a legislative enactment prohibiting "step-down" clauses in commercial automobile insurance policies should be retroactive.

 Davidson v. Slater

189 N.J. 166 (2007) Whether a person who has a pre-existing condition is required to provide a comparative analysis in order to satisfy the verbal threshold

Johnson v. Scaccetti

192 N.J. 256 (2007) Whether a person who has sustained one injury that satisfies the verbal threshold must prove that every other injury also satisfied the threshold

Gac v. Gac

186 N.J. 535 (2006) Whether former husband was required to contribute towards child's educational expenses.

In Re ACPE 697

188 N.J. 549 (2006) Whether it is a conflict of interest for a lawyer or another in the firm to represent both a municipal agency and a private client concurrently in the municipality's court or before any agency of the municipality.

In Re CAA Opinion 39

Whether the "Best Lawyers" and "Super Lawyers" advertising violates the rules governing attorney advertising

In Re Peter Jacoby

188 N.J. 384 (2006) Whether there should be a perse suspension for an attorney convicted of domestic violence

Liberty Mutual v. Land

186 N.J. 163 (2006) Whether preponderance of the evidence is the proper standard of proof under the Insurance Fraud Prevention Act.

Pasqua v. Council

186 N.J. 127 (2006) Whether indigent parents charged with violation of child support orders have a right to appointed counsel

Banco Popular North America v. Gandi

184 N.J. 161 (2005) Whether New Jersey recognizes a casue of action for creditor fraud and whetehr any attorney may be liable for consipiracy under the Uniform Fraudulent Transfer Act.

Brunswick Hills Racquet Club v. Route 18 Shoping Center

182 N.J. 210 (2005) Whether covenant of good failth and fair dealings voerns sophisticated commercial transactions.

DiProspero v. Penn

183 N.J. 477 (2005) Whether a person injured in an automobile accident is require to prove a serious impace on life in order to recover non-economic damages under the Automobile Insurance Reform Act

Fischer v. Fischer

375 N.J. Super 278 (app. Div. 2005) Whether wife's attorney could be required to return retainer as condition of withdrawal

Jerista v. Murray

185 N.J. 175 (2005) Whether attorneys in a legal malpractice action should have been required to produce expert opinion as to the negligence of the alleged tortfeasor or whether they could have relied on the doctrine of res ipsa loquitur to create an inference of negligence.

LaManna v. Proformance Insurance Company

184 N.J. 214 (2005) Whether a statute that permits parties to stipulate that a majority of fewer than five-sixths of jurors may render a verdict is constitutional.

Mani v. Mani

183 N.J. 70 (2005) Whether trial court could consider marital fault when awarding alimony and counsel fees.

Puder v. Buechel

183 N.J. 428 (2005) Whether a client is bound by his representation to the trail court that a divorce settlement was acceptable and fair.

R.M. v. Supreme Court

185 N.J. 208 (2005) Whether a grievance filed against an attorney should remain confidential until a formal complaint has been filed.

State v. Williams

184 N.J. 432 (2005) Whether a mediator appointed by the court may testify in a subsequent criminal proceeding regarding a statement made by a participant during mediation.

In re Keri

181 N.J. 50 (2004) Whether adult children who serve as legal guardians may transfer to themselves their parents' assets to hasten their parents' eligibility for Medicaid

Macedo v. Dello Russo

178 N.J. 340 (2004) Whether the Consumer Fraud Act applies to advertisements relating to the rendering of professional services.

Weishaus v. Weishaus

180 N.J. 131 (2004) Whether the trial courts have the discretion in uncontested divorce actions to approve consensual support agrements without rendering findings as to marital lifestyle.

In the Matter of Commitment of D.L.

Whether SVPA Litigants are constitutionally entitled to appoint counsel on appelas from commitment orders.

Starkey Kelly Blaney & White v. Estate of Nicolaysen

172 N.J. 60 (2002) Whether an attorney who enters into an unenforceable, oral contigent fee agreemetn is entitled to be paid a fee based upon quantum meruit.

In re Philadelphia Bar Association Request for Advisory Opinion

Seeks an opinion about whether a plan for shared office space meets the requirements of a bona fide office rule.