C.C. v. J.A.H., 463 N.J. Super. 419 (App. Div. 2020). The Prevention of Domestic Violence Act, N.J.S.A. 2C;25-17 et seq., allows the issuance of a restraining order for the protection of any “victim of domestic violence.” Such victims include “any ...
On this day in 1975, the Supreme Court decided Lind v. Schmid, 67 N.J. 255 (1975). It has been cited well over one hundred times and is still a leading authority on malicious prosecution. The case arose out of allegedly ...
The appellate courts have not been idle since the most recent post on this blog. Opinions have been issued, the Supreme Court has taken up more cases for review, and the Appellate Division has entered an Order about scheduling in ...
State v. Anderson, 463 N.J. Super. 168 (App. Div. 2020). Defendant, formerly employed by the Jersey City Tax Assessor’s office, pled guilty to a federal criminal charge of interference with commerce by extortion under color of official right for accepting ...
Chartis Property Casualty Co. v. Inganamort, 953 F.3d 231 (3d Cir. 2020). Yesterday, the Third Circuit issued its first published opinion in nearly two weeks. The ruling, authored by Judge Jordan, involved the question of whether defendants were entitled to ...
G.C. v. Division of Medical Assistance and Health Services, 463 N.J. Super. 79 (App. Div. 2020). Appellate review of an administrative agency regulation “begins with a presumption that the [Regulation is] both valid and reasonable.” Few challenges to such regulations ...
Mejia v. Quest Diagnostics, Inc., 241 N.J. 360 (2020). Today’s opinion by Justice Fernandez-Vina, for a unanimous Supreme Court, involved “whether a third-party defendant, facing only claims for contribution and common-law indemnification from an original defendant that did not file ...
Kornbleuth v. Westover, 241 N.J. 289 (2020). The Supreme Court of the United States frequently seems to split 5-4. It is relatively rare for the Supreme court of New Jersey to split 4-3. Yesterday, in a case involving the unauthorized ...
February 26 was the most recent post on this blog. From then until today, I have had an Appellate Division oral argument, an oral argument on a dispositive motion in the Law Division, and an oral argument in the Supreme ...
United States v. Bruce, 950 F.3d 173 (3d Cir. 2020). The “non-delegation” doctrine, used by the Supreme Court of the United States in the 1930’s to void certain aspects of the New Deal, has been receiving renewed attention lately, especially ...