Judges

Conflict Resolved: The Supreme Court Applies the Unemployment Compensation Law in Favor of Benefit Claimants

McClain v. Board of Review, 237 N.J. 445 (2019).  This appeal actually involved two consolidated cases, each of which was the subject of a published opinion in the Appellate Division.  McClain v. Board of Review, 451 N.J. Super. 461 (App. ...

Appellate Courts Can Decline to Review Arguments Made Below as to Other Issues, But Not as to the Issue Actually on Appeal

Chirino v. Proud 2 Haul, Inc., 458 N.J. Super. 308 (App. Div. 2017), aff’d o.b., 237 N.J. 440 (2019). There is a long-settled general rule that an appellate court will not consider issues that have not been raised below.  But ...

Two Cases About Access to Swimming

Susko v. Borough of Belmar, 458 N.J. Super. 583 (App. Div. 2019); Curto v. A Country Place Condominium Association, 921 F.3d 405 (3d Cir. 2019).  Yesterday, while I was in or traveling to and from court for most of the ...

Involuntary Commitments Orders Don’t Become Moot Merely Because Confinement Has Ended

In re Civil Commitment of C.M., 458 N.J. Super. 563 (App. Div. 2019).  The doctrine of mootness enables courts to avoid disputes that are not “live.”  Today’s opinion by Judge Fisher, in the context of three appeals that pose the ...

Where Sample Primary Election Ballots Are Required to be Printed in English and Spanish, Official Primary Ballots Must Also Be

Correa v. Grossi, 458 N.J. Super. 571 (App. Div. 2019).  Multiple pieces of related legislation can be inconsistent, and courts are called on to harmonize them using classic principles of statutory interpretation.  Today’s opinion by Judge Reisner applied de novo ...

Judge Nugent Reminds Us That Rule 4:23-5’s Requirements Must be “Scrupulously Followed and Technically Complied With”

Salazar v. MKGC + Design, 458 N.J. Super. 551 (App. Div. 2019).  In Thabo v. Z Transp., 452 N.J. Super. 359 (App. Div. 2017), discussed here, the Appellate Division made clear that before a complaint can be dismissed with prejudice ...

The Appellate Division Must Adhere to Supreme Court Precedents, Despite Contrary Appellate Division Authority

Liberty Mutual Insurance v. Rodriguez, 458 N.J. Super. 515 (App. Div. 2019).  This short opinion by Judge Firko today involved how to calculate reimbursement to an insurer for its workers’ compensation benefits paid to an injured insured where the insured ...

Waiver, Forfeiture, the Plain Error Doctrine, and the “Third Circuit Model Jury Instructions”

Robinson v. First State Community Action Agency, 920 F.3d 182 (3d Cir. 2019).  This opinion by Judge Fuentes today affirms a plaintiff’s verdict in a jury trial under the Americans With Disabilities Act (“ADA”).  Plaintiff and defendant, who is plaintiff’s ...

If You Appeal But Don’t Follow Through, Don’t Come Back Later With Your Issues From the Abandoned Appeal

Park Crest Cleaners, LLC v. A Plus Cleaners & Alterations Corp., 458 N.J. Super. 465 (App. Div. 2019).  This opinion by Judge Fisher today dismissed an appeal under convoluted facts.  To dramatically oversimplify (and it’s worth reading the opinion, which, ...

Law Against Discrimination is Not Limited by the Compassionate Use Medical Marijuana Act

Wild v. Carriage Funeral Holdings, Inc., 458 N.J. Super. 416 (App. Div. 2019).  Plaintiff in this case under the Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (“LAD”), used medical marijuana, as authorized by the Compassionate Use Medical Marijuana Act, N.J.S.A. ...