State v. Lodzinski, ___ N.J. ___ (2021). Today, the Supreme Court voted 4-3 to reverse the murder conviction of Michelle Lodzinski. Previously, as discussed here, the Court had split 3-3 (Chief Justice Rabner did not participate), with the result that ...
Today is a court holiday for New Jersey state and federal courts. That affords an opportunity to catch up with this week’s published opinions from the Supreme Court,, the Appellate Division, and the Third Circuit. Here are summaries of those ...
State in the Interest of E.S., ___ N.J. Super. ___ (App. Div. 2021). Judge Sabatino concisely posed the purely legal issue presented on this appeal: “This interlocutory appeal presents an unsettled question concerning the fair and appropriate sequence of proceedings ...
Township of Montclair Committee of Petitioners v. Township of Montclair, ___ N.J. Super. ___ (App. Div. 2021). The Township of Montclair adopted a rent control ordinance. Plaintiffs sought to gather signatures for a referendum to block that ordinance. Due to ...
In re Verified Petition of Retail Energy Supply Ass’n, ___ N.J. Super. ___ (App. Div. 2021). This appeal was from the inaction (not any action) by the Board of Public Utilities (“BPU”). Appellant Retail Energy Supply Association filed a petition ...
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 ...
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 ...
The Supreme Court issued its first three opinions of the new Term this week. Here are summaries of those rulings: Bozzi v. City of Jersey City, ___ N.J. ___ (2021). This was the first opinion of the Term, and it ...