Late last week, the Supreme Court and the Appellate Division each issued two published opinions. Neither court has issued any published opinions this week (nor is either court slated to do so tomorrow, a relatively long hiatus for both courts ...
Goulding v. NJ Friendship House, Inc., ___ N.J. ___ (2021). This opinion by Justice Fernandez-Vina today, for a unanimous Supreme Court, dealt with a claim under the Workers Compensation Act. Plaintiff was employed as a cook by defendant, a non-profit ...
As expected, and deserved, the Senate voted yesterday to grant tenure to Justice Fernandez-Vina. The vote was 34-0. This extends the Justice’s service on the Court into February 2022, when he will turn 70. Congratulations, Justice Fernandez-Vina! ...
Governor Murphy’s nomination of Justice Fernandez-Vina for tenure on the Supreme Court until age 70 got a unanimous endorsement from the Senate Judiciary Committee last Thursday. Senators had only positive things to say about him. The full Senate is expected ...
State v. Andrews, 243 N.J. 447 (2020). In a 4-3 decision that produced lengthy majority and dissenting opinions, the Supreme Court held that it does not violate a criminal defendant’s Fifth Amendment protection against self-incrimination or any New Jersey statutory ...
The power outage resulting from last week’s storm put a crimp in much of that week. So it is time once again to catch up with our Supreme Court and Appellate Division, each of whom took highly consequential actions during ...
Bank Leumi USA v. Kloss, 243 N.J. 218 (2020). As discussed here, this was a case involving a certified question from the Third Circuit Court of Appeals, and for the second time in the last month, Justice Fernandez-Vina wrote the ...
Arafa v. Health Express Corp., 243 N.J. 147 (2020). Justice Fernandez-Vina’s opinion today actually involved two consolidated cases, both of which were putative class actions. The issue was whether a contract that the Federal Arbitration Act, 9 U.S.C. 1 et ...
Baskin v. Martinez, 243 N.J. 112 (2020). This Civil Rights Act case involved what Justice Albin, writing for the four-Justice majority, labeled a claim that “a justifiable police chase ended in an unjustifiable police shooting– the use of excessive force ...
Unlike the Supreme Court of the United States, which customarily (though apparently not this year) issues all its opinions for the term by June 30, the Supreme Court of New Jersey continues issuing opinions into the summer months, or even ...