The Supreme Court announced two more criminal cases that have been added to its calendar.  One is there by virtue of a dissent in the Appellate Division, while the Court granted certification in the other matter. In State v. Vasco, ...

Kadonsky v. Lee, 452 N.J. Super. 198 (App. Div. 2017).  In this appeal, plaintiff petitioned the New Jersey Division of Consumer Affairs (“the Division”) to have marijuana rescheduled from a Schedule I Controlled Dangerous Substance to a Schedule IV or ...

New Jersey Election Law Enforcement Commission v. DiVincenzo, 451 N.J. Super. 554 (App. Div. 2017).  In 2011, the New Jersey Election Law Commission (“ELEC”), an independent four-member body that enforces the Campaign Contributions and Expenditures Reporting Act, N.J.S.A. 19:44A-1 to ...

The Supreme Court announced today that Judge Espinosa has been temporarily assigned to Part E of the Appellate Division from September 1 through September 30, 2017.  That Order amends the General Assignment Order for 2017-18, discussed here, from which Judge ...

Today, the 2017-18 General Assignment Order issued by Chief Justice Rabner was published.  It is available here. Judge Messano continues as Presiding Judge for Administration, and Judge Sabatino remains the Deputy Presiding Judge for Administration.  The Presiding Judges of the ...

Several days out of the office last week, and work on a large appellate brief, have left me well behind our appellate courts, who have produced a number of decisions in that interim.  To try to catch up, here are ...

Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 448 N.J. Super. 583 (App. Div. 2017).  The Municipal Land Use Law (“MLUL”), in N.J.S.A. 40:55D-10.5, contains a “time of application rule” that determines what ordinance governs a land use development ...

Noren v. Heartland Payment Systems, Inc., 448 N.J. Super. 486 (App. Div. 2017).  In Abbamont v. Piscataway Tp. Bd. of Educ., 238 N.J. Super. 603 (App. Div. 1990), aff’d, 138 N.J. 405 (1994), the Appellate Division ruled that there was ...

North Jersey Media Group, Inc. v. Bergen County Prosecutor’s Office, ___ N.J. Super. ___ (App. Div. 2016).  The answer to the question posed in the caption of this post is, according to Judge Espinosa’s opinion today, “yes,” but only “when ...

Cho v. Trinitas Regional Medical Center, 443 N.J. Super. 461 (App. Div. 2015).  In this medical malpractice case, the only remaining defendant, a doctor, filed what was labeled as “motions in limine” on the day before a jury was to ...