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 ...
Felix v. Richards, 241 N.J. 169 (2020). This ruling of the Supreme Court today saw only five Justices participating since Justices Patterson and Timpone were recused. The remaining five Justices split 3-2. Justice LaVecchia wrote the majority opinion, in which ...
Digital First Media v. Ewing Tp., 462 N.J. Super. 389 (App. Div. 2020); Bozzi v. Borough of Roselle Park, 462 N.J. Super. 415 (App. Div. 2020). Today, Judge Sumners issued an opinion for the Appellate Division in the Bozzi case. ...
The Supreme Court announced that it will review two more cases. One of them is before the Court as of right, by virtue of a dissent in the Appellate Division. In the other case, the Court granted certification. Allen v. ...
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 ...
State v. Thompson, 462 N.J. Super. 370 (App. Div. 2020). Judge Fisher, in this ruling issued today in a DWI case, “readily acknowledge[d] this opinion expresses nothing new.” One might wonder, then, why the opinion was designated for publication. Rule ...
On February 25, from noon- 2 PM, NJICLE will presenting a webinar titled “Do’s and Don’ts of Appellate Practice.” I will be a panelist, along with Judges Koblitz and Sumners and Marie Hanley, Chief Counsel to the Appellate Division. This ...