Township of Montclair Committee of Petitioners v. Township of Montclair, ___ N.J. Super. ___ (App. Div. 2021). The Township of Montclair adopted a rent control ordinance. Plaintiffs sought to gather signatures for a referendum to block that ordinance. Due to ...

The Supreme Court announced that it has granted review in three new cases. In two of those matters, the Court granted certification. The third is before the Court on leave to appeal. The leave to appeal case is Kennedy v. ...

In re Verified Petition of Retail Energy Supply Ass’n, ___ N.J. Super. ___ (App. Div. 2021). This appeal was from the inaction (not any action) by the Board of Public Utilities (“BPU”). Appellant Retail Energy Supply Association filed a petition ...

Today, Chief Justice Rabner issued an order regarding procedures for both the period while the COVID-19 epidemic persists and thereafter. The order runs over six pages and addresses numerous types of court proceedings. As relevant to appellate practice, the order ...

Our Supreme Court denies far more petitions for certification than it grants. Many people think that a denial of certification means that the Court has ruled in favor of the opponent of certification. In fact, that is not so. In ...

On this date in 1970, the Supreme Court decided Paterson Tavern & Grill Owners Ass’n v. Hawthorne, 57 N.J. 180 (1970). The issue in the case was whether an ordinance of the Borough of Hawthorne that forbade licensed taverns in ...

State of New Jersey v. County of Ocean, ___ N.J. Super. ___ (App. Div. 2021). This opinion by Judge Mawla involved the question of whether the State was obligated to indemnify Ocean County Prosecutor’s Office (“OCPO”) in a case brought ...

The Supreme Court announced that it has granted certification in State v. Higgs. The question presented, as phrased by the Supreme Court Clerk’s office, is “Was evidence about past internal affairs investigations into the police officer who shot defendant relevant, ...

State v. Scudieri, ___ N.J. Super. ___ (App. Div. 2021). Whether statutory amendments apply retroactively or prospectively is a recurring issue in the courts. This opinion by Judge Natali addresses whether an amendment to the breathalyzer refusal statute, N.J.S.A. 39:4-50.4a, ...

Parkinson v. Diamond Chemical Co., Inc., ___ N.J. Super. ___ (App. Div. 2021). In Ullmann v. Hartford Fire Ins. Co., 87 N.J. Super. 409 (App. Div. 1965), the Appellate Division ruled that a party may obtain an opposing party’s tax ...