Baskin v. P.C. Richard & Son, LLC, ___ N.J. ___ (2021). [Disclosure: I am one of the counsel for the successful plaintiffs in this matter]. In this case, the Appellate Division affirmed the dismissal, for failure to state a claim, ...
State v. Vega-Larregui, 246 N.J. 94 (2021). The Supreme Court today unanimously ruled that virtual grand juries, a step occasioned by the COVID-19 pandemic, are constitutional. The Court’s opinion, written by Justice Albin, rejected defense claims that the procedure violated ...
On this date in 1982, the Supreme Court decided Kotlikoff v. Community News, 89 N.J. 62 (1982). Justice Clifford’s opinion for a unanimous Court stated that the case “addresses an aspect of the constitutional protection accorded expression of opinion about ...
Huggins v. Aquilar, ___ N.J. ___ (2021). Rarely does a dissenting opinion in one case form the basis for a majority opinion (in fact, a unanimous opinion) in a subsequent decision by the same court. But that is essentially what ...
The Supreme Court announced that it has granted review in two new cases. One of them implicates the warnings required under Miranda v. Arizona, 384 U.S. 436 (1966). The other addresses the continued validity of the so-called “new business rule” ...
Hager v. M&K Construction, ___ N.J. ___ (2021). As discussed here, the Appellate Division in this case affirmed the decision of a Workers Compensation judge that the defendant employer was obligated to reimburse the plaintiff employee for the employee’s use ...
The principle that a court should not write into a statute a qualification that the Legislature chose not to include is now a basic tenet of statutory interpretation. But it was seemingly a somewhat new idea on this date in ...
The Supreme Court announced that it has granted certification in Meade v. Township of Livingston. The question presented in that case, as phrased by the Supreme Court Clerk’s office, is “In this action alleging wrongful termination based on gender discrimination ...
The Supreme Court announced that it has granted review in seven more cases. One of those, the only civil case, is before the Court on leave to appeal, while the Court granted certification in the others. Five of the seven ...
Haley v. Board of Review, ___ N.J. ___ (2021). Here are the basic facts of this appeal as Justice Solomon summarized them in his opinion for the Court in this case: “Authorities arrested Clarence Haley for serious offenses and ordered ...