Two Cases About Access to Swimming

Susko v. Borough of Belmar, 458 N.J. Super. 583 (App. Div. 2019); Curto v. A Country Place Condominium Association, 921 F.3d 405 (3d Cir. 2019).  Yesterday, while I was in or traveling to and from court for most of the ...

The Next Third Circuit Bench-Bar Judicial Conference is Planned for Philadelphia in Spring 2020

It has been announced that the Third Circuit is planning its next Bench-Bar Judicial Conference for a still-to-be-decided date in the spring of 2020.  The Conference will take place in Philadelphia. In recent years, the Bench-Bar Judicial Conference occurred every ...

Involuntary Commitments Orders Don’t Become Moot Merely Because Confinement Has Ended

In re Civil Commitment of C.M., 458 N.J. Super. 563 (App. Div. 2019).  The doctrine of mootness enables courts to avoid disputes that are not “live.”  Today’s opinion by Judge Fisher, in the context of three appeals that pose the ...

Insubstantial Constitutional Issues Don’t Afford an Appeal to the Supreme Court as of Right

On this date in 1965, the Supreme Court decided Tidewater Oil Co. v. Mayor & Council of Borough of Carteret, 44 N.J. 338 (1965), a municipal land use case.  That is still the leading case on the question of the ...

Where Sample Primary Election Ballots Are Required to be Printed in English and Spanish, Official Primary Ballots Must Also Be

Correa v. Grossi, 458 N.J. Super. 571 (App. Div. 2019).  Multiple pieces of related legislation can be inconsistent, and courts are called on to harmonize them using classic principles of statutory interpretation.  Today’s opinion by Judge Reisner applied de novo ...

Judge Nugent Reminds Us That Rule 4:23-5’s Requirements Must be “Scrupulously Followed and Technically Complied With”

Salazar v. MKGC + Design, 458 N.J. Super. 551 (App. Div. 2019).  In Thabo v. Z Transp., 452 N.J. Super. 359 (App. Div. 2017), discussed here, the Appellate Division made clear that before a complaint can be dismissed with prejudice ...

Two More for the Supreme Court

The Supreme Court announced that it has granted certification in two more cases.  In the first matter, State v. Medina, the question presented, as phrased by the Supreme Court Clerk’s office, is “Under the circumstances presented, did testimony elicited by ...

The Appellate Division Must Adhere to Supreme Court Precedents, Despite Contrary Appellate Division Authority

Liberty Mutual Insurance v. Rodriguez, 458 N.J. Super. 515 (App. Div. 2019).  This short opinion by Judge Firko today involved how to calculate reimbursement to an insurer for its workers’ compensation benefits paid to an injured insured where the insured ...

Waiver, Forfeiture, the Plain Error Doctrine, and the “Third Circuit Model Jury Instructions”

Robinson v. First State Community Action Agency, 920 F.3d 182 (3d Cir. 2019).  This opinion by Judge Fuentes today affirms a plaintiff’s verdict in a jury trial under the Americans With Disabilities Act (“ADA”).  Plaintiff and defendant, who is plaintiff’s ...

Two More Criminal Cases, and Another Arbitration Case, for the Supreme Court

The Supreme Court announced today that it has granted certification to review three cases.  Two of them are criminal appeals.  The third is another case involving an arbitration agreement. The first of the two criminal cases is State v. Jones.  ...