State v. N.T., ___ N.J. Super. ___ (App. Div. 2019). While at the beach with her three year-old son, N.T. became intoxicated. Having gone into the water with her son up to his knees, N.T.’s intoxication prevented her from swimming, ...
In the Matter of Clifton Gauthier, Rockaway Tp., ___ N.J. Super. ___ (App. Div. 2019). Clifton Gauthier, a Rockaway Township police officer, was suspended in January 2014, and later indicted, for allegedly “interfer[ing] with the prosecution of a family member, ...
State v. Pimentel, 461 N.J. Super. 468 (App. Div. 2019). N.J.S.A. 2C:40-26 prohibits driving with a license suspended due to a second or subsequent conviction for driving while intoxicated. The statute imposes a mandatory minimum term of imprisonment of 180 ...
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 ...
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 Today, in a per curiam opinion, the Supreme Court affirmed, by a 5-2 vote, the Appellate Division’s previously unpublished decision in this matter on the ...
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 ...
Since this is an appellate law blog, its “anniversary” posts (as well as all or virtually all others) deal with appellate decisions. Today’s post is an exception, in that it is the anniversary of Garden State Equality v. Dow, 433 ...
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 ...