In the last several weeks, this blog has largely focused on Supreme Court decisions and grants of review. That was not meant to slight the Appellate Division, whose judges have made some important rulings as well. Here are summaries of ...
Feuer v. Merck & Co., Inc., 238 N.J. 27 (2019). As discussed here, the Appellate Division, in an opinion by Judge Ostrer that was reported at 455 N.J. Super. 69 (App. Div. 2019), affirmed (after de novo review of the ...
State in the Interest of D.M., 238 N.J. 2 (2019). In this juvenile delinquency case, neither the State nor defendant sought oral argument in the Appellate Division. The State, the respondent in that court, explained that it believed the issues ...
Green v. Monmouth University, 237 N.J. 516 (2019). In a unanimous opinion by Justice Fernandez-Vina today, the Supreme Court resolved a case that had divided the Appellate Division, as discussed here. The question involved charitable immunity for an injury sustained ...
Garden State Check Cashing Service, Inc. v. New Jersey Department of Banking and Insurance, 237 N.J. 482 (2019). As discussed here, this was the very first appeal of the current Supreme Court term. Today, in a unanimous opinion by Justice ...
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. ...
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 ...
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 ...
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 ...
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 ...