Chief Judge Smith issued a Standing Order Regarding Highly Sensitive Documents. It is available here. The Standing Order creates new procedures for materials defined therein as “Highly Sensitive Documents” (“HSD”). Such documents are those “involving: (1) Title III applications; (2) ...
Most of us think that age discrimination in employment claims are limited to plaintiffs who allege discrimination based on their advanced age. But on this date in 1999, the Supreme Court ruled, in Bergen Commercial Bank v. Sisler, 157 N.J. ...
Late last week, the Supreme Court and the Appellate Division each issued two published opinions. Neither court has issued any published opinions this week (nor is either court slated to do so tomorrow, a relatively long hiatus for both courts ...
New York Mortgage Trust v. Deely, ___ N.J. Super. ___ (App. Div. 2021). Every few years, the Appellate Division publishes an opinion about equitable subrogation. Equitable subrogation, “rooted in principles of equity, is used to compel the ultimate discharge of ...
The Supreme Court announced that it has granted review in three new cases. Two are criminal appeals and the third involves two questions certified by the Third Circuit. The Supreme Court declined one question but agreed to answer the other. ...
In re Request to Release Certain Pretrial Detainees, 245 N.J. 218 (2021). This matter arose out of a motion filed by the Office of the Public Defender and the American Civil Liberties Union of New Jersey. As a result of ...
On this date in 1983, a unanimous Supreme Court decided Callen v. Sherman’s, Inc., 92 N.J. 114 (1983). The case involved whether distraint, a procedure that allowed commercial landlords to seize, or even sell, without notice or hearing, property of ...
Goulding v. NJ Friendship House, Inc., ___ N.J. ___ (2021). This opinion by Justice Fernandez-Vina today, for a unanimous Supreme Court, dealt with a claim under the Workers Compensation Act. Plaintiff was employed as a cook by defendant, a non-profit ...
The Bank of New York Mellon v. Corradetti, ___ N.J. ___ (2021). As discussed here, this case came before the Supreme Court on an appeal as of right, based on a dissent in the Appellate Division. The issue was whether ...
The past few days have been especially busy ones in my practice. The Appellate Division has likewise been quite busy issuing published opinions as January turned to February. Here are summaries of those opinions. City of Newark v. Township of ...