The Lodzinski Murder Jury’s Guilty Verdict is Affirmed by a 3-3 Supreme Court Vote

State v. Lodzinski, 246 N.J. 331 (2021). As discussed here, this was a highly publicized case, in which a jury found defendant was guilty of the first-degree murder of her five-year old son. The Appellate Division affirmed the conviction in ...

Strickland/Fritz Test for Ineffective Assistance of Counsel Applies to Sexually Violent Predators Act Civil Commitment Proceedings

In re Civil Commitment of J.S., SVP 24-99, ___ N.J. Super. ___ (App. Div. 2021). Judge Mawla issued this opinion for the Appellate Division today. It involved an appeal from the decision of the Law Division that defendant continued to ...

New Cases for the Supreme Court Involving the Tort Claims Act, Palimony and the Statute of Frauds, the “Three Strikes Law,” and the “Ministerial Exception” of the First Amendment

The Supreme Court announced that it has granted certification in four new cases. One of those appeals is from a published opinion of the Appellate Division. The others involve unpublished per curiam Appellate Division decisions. The appeal involving a published ...

“Catastrophic, Life-Altering Injuries” Constituted “Extraordinary Circumstances” to Permit Late Notice of Tort Claim

Jeffrey v. State of New Jersey, ___ N.J. Super. ___ (App. Div. 2021). This opinion by Judge Fuentes involved the ability of a tort claimant against a public entity (here, the State of New Jersey and Rutgers Biomedical and Health ...

An Appeal About Whether a Case is Immediately Appealable, and Two Others for the Supreme Court

The Supreme Court announced today that it has granted certification in three more cases. One of them, Harris v. City of Newark, involves an appellate practice issue. The question presented there, as phrased by the Supreme Court Clerk’s office, is ...

Apparent Authority Must be Manifested by a Communication of the Principal, Not of the Agent

Gayles v. Sky Zone Trampoline Park, ___ N.J. Super. ___ (App. Div. 2021). Here is how Judge Messano began his opinion for the Appellate Division today: “Joan Tongol invited several friends of her minor son to celebrate his birthday at ...

Dismissals for Failure to Prosecute Cannot be With Prejudice

Estate of Semprevivo v. Lahham, ___ N.J. Super. ___ (App. Div. 2021). Judge Rose issued this opinion for the Appellate Division today. It “implicates the proper application and limitations of Rule 1:13-7, long recognized as an administrative ‘docket-clearing rule that ...

Two New Supreme Court Cases: A Direct Certification and an Appeal as of Right

The Supreme Court announced today that two more cases have been added to its docket. In one of them, the Court granted direct certification and ordered an accelerated schedule. The other is an appeal as of right due to a ...

The Anniversary of Ayers v. Jackson Tp.

On this date in 1987, the Supreme Court decided Ayers v. Jackson Tp., 106 N.J. 557 (1987). As Justice Stein said in his opinion for the 6-1majority (Justice Handler dissented in part), “[t]he litigation involves claims for damages sustained because ...

The Georgia Supreme Court Will Resume In-Person Oral Arguments. Will New Jersey’s Supreme Court Do the Same in the Fall?

The Supreme Court of Georgia announced yesterday that it will resume in-person oral arguments on June 9. The press release regarding this described how things will work: “Public health protocols will be in place for the in-person proceedings. The nine ...