Today is a court holiday for New Jersey state and federal courts. That affords an opportunity to catch up with this week’s published opinions from the Supreme Court,, the Appellate Division, and the Third Circuit. Here are summaries of those ...
State in the Interest of E.S., ___ N.J. Super. ___ (App. Div. 2021). Judge Sabatino concisely posed the purely legal issue presented on this appeal: “This interlocutory appeal presents an unsettled question concerning the fair and appropriate sequence of proceedings ...
State v. Fair, ___ N.J. Super. ___ (App. Div. 2021). Here is how Judge Fisher began his opinion for the Appellate Division in this matter: “Defendant was charged in a one-count indictment of making terroristic threats within the meaning of ...
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 ...
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 ...
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 ...