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 ...
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 ...
Wilmington Savings Fund Society, FSB v. Daw, ___ N.J. Super. ___ (App. Div. 2021). Judge Sabatino issued this opinion for the Appellate Division today, in a case that arises out of Superstorm Sandy. It consumes 36 pages and is well ...
Green Knight Capital, LLC v. Calderon, ___ N.J. Super. ___ (App. Div. 2021). This was an action to foreclose a tax sale certificate. The sequence of procedural events was somewhat out of order. The bottom line was that the Chancery ...
JWC Fitness, LLC v. Murphy, ___ N.J. Super. ___ (App. Div. 2021). This opinion by Judge Rothstadt involved the claims of plaintiff, a gym, for compensation from the State because Governor Murphy’s Executive Orders required the gym to close (though ...
In the recent period, the Third Circuit has published a small number of opinions. Here are summaries of some of those decisions: Mallet and Company Inc. v. Lacayo, ___ F.4th ___ (3d Cir. 2021). This was a trade secret and ...
State v. Lodzinski, 248 N.J. 451 (2021). In an extraordinary development, the Supreme Court has granted defendant’s motion for reconsideration in this long-running, closely-watched murder case. Since Chief Justice Rabner was not participating, only six Justices considered the appeal originally. ...
Catching up with our appellate courts, here are summaries of the three published opinions (two by the Supreme Court and one by the Appellate Division, in addition to the COVID vaccine mandate decision discussed here): C.R. v. M.T., ___ N.J. ...
In re City of Newark and Newark Police Superior Officers Ass’n, ___ N.J. Super. ___ (App. Div. 2021). [Disclosure: My firm, Lite DePalma Greenberg & Afanador, LLC, represents the City of Newark in certain matters but had no involvement in ...