Several days out of the office last week, and work on a large appellate brief, have left me well behind our appellate courts, who have produced a number of decisions in that interim. To try to catch up, here are ...
Today’s seminar, which was sponsored by the NJSBA Appellate Practice Committee, took up the important topic of the record on appeal. Judge Messano, who headed up the panel, began by stating that the panel hoped actiually to make this topic ...
New Jersey Division of Child Permanency & Protection v. J.L.G., 450 N.J. Super. 113 (App. Div. 2015), aff’d o.b., 229 N.J. 113 (2017). This abuse and neglect case resulted in a 2-1 split in the Appellate Division. Judge Simonelli, joined ...
Royal Tax Lien Services, LLC v. Shuaib, 2017 WL 1955269 (App. Div. May 11, 2017). Rule 2:10-5 authorizes an appellate court to exercise “such original jurisdiction as is necessary to the complete determination of any matter on review.” In comparison ...
The Appellate Division schedule of Parts for the period June 19 through September 13 was published today and is available here. As usual, no judge is on duty for more than one two-week period during the summer. Except for Part ...
In re N.J.A.C. 12:17-2.1, 450 N.J. Super. 152 (App. Div. 2017). Given the deferential standard of review of the validity of regulations promulgated by administrative agencies, it is relatively rare that a court finds such a regulation to be arbitrary ...
Holmes v. Jersey City Police Department, 449 N.J. Super. 600 (App. Div. 2017). Today’s decision by Judge Reisner in this case under the Law Against Discrimination, N.J.S.A. 10:5-2 et seq. (“LAD”), arises from the fact that the Appellate Division previously ...
Fairfax Financial Holdings Limited v. SAC Capital Management, LLC, 450 N.J. Super. 1 (App. Div. 2017). Judge Fisher often is able to write remarkably concise opinions, as shown (for example) here and here. In this appeal, however, Judge Fisher set the ...
Patrick v. City of Elizabeth, 449 N.J. Super. 565 (App. Div. 2017). The Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3 (“TCA”), contains numerous immunities and other impediments for plaintiffs who seek to recover against public entities or public employees for ...
On this date in 2003, the Appellate Division decided Seacoast Builders Corp. v. Rutgers, 358 N.J. Super. 524 (App. Div. 2003). This was a relatively rare case in which the Appellate Division exercised original jurisdiction under Rule 2:10-5 to decide ...