Nesby v. Fleurmond, ___ N.J. Super. ___ (App. Div. 2019). In her opinion for the Appellate Division today, Judge Rose concisely summarized the issue in this appeal. “Distilled to its essence, the issue presented in this appeal is whether plaintiff ...
Jardim v. Overley, ___ N.J. Super. ___ (App. Div. 2019). This opinion yesterday, by Judge Sabatino, applied a venerable doctrine in a new context. As Judge Sabatino put it, the issue was “the application of traditional constitutional principles of personal ...
The bane of every appellate practitioner’s existence is the dreaded deficiency notice from the Appellate Division. Last night’s meeting of the New Jersey State Bar Association’s Appellate Practice Committee included a discussion of the most common deficiencies in briefs and ...
Miller v. State Operated School District of the City of Newark, ___ N.J. ___ (2019). Today, in a per curiam opinion, the Supreme Court affirmed, by a 5-2 vote, the Appellate Division’s previously unpublished decision in this matter on the ...
Most Appellate Division oral arguments occur in Trenton, Newark, Morristown, and Hackensack, though in recent years, panels have been sitting regularly in places such as Jersey City, New Brunswick, and Toms River. Periodically, however, the Appellate Division goes on tour ...
Sashihara v. Nobel Learning Communities, Inc., ___ N.J. Super. ___ (App. Div. 2019). In this case, M.M. (“Jane”), a child with Down’s Syndrome, was enrolled by her parents at a school operated by defendant. Jane began school there at seven ...
A.J. v. R.J., ___ N.J. Super. ___ (App. Div. 2019). This opinion by Judge Mawla involved a primary custodial parent (plaintiff) who, due to a rent increase at her Elizabeth residence, moved over 60 miles away to Mount Holly. Her ...
Raji v. Saucedo, ___ N.J. Super. ___ (App. Div. 2019). Judge Fisher’s first published opinion of the current Term was another model of concision, consuming less than eight pages. The appeal involved a landlord-tenant situation, in which tenants had not ...
Landau v. Landau, 461 N.J. Super. 107 (App. Div. 2019). The honor of the first published Appellate Division decision of the new Term goes to Judge Accurso in this matrimonial appeal. The issue, as Judge Accurso framed it, was “whether ...
Unlike so many judicial opinions, which leave the reader in suspense about the outcome until the end, the answer to this question, right up front, is “yes.” An Appellate Division opinion issued on this date in 1992 so stated. The ...