New Jersey Appellate Law Blog
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May 17, 2024
The Supreme Court announced that it has granted review in two new appeals. One matter is before the Court on leave to appeal, while the Court granted certification in the other case. The leave to appeal case is Rodriguez v. Shelbourne Spring. The question presented, as phrased by the Supreme Court Clerk’s office, is “In…
View Post »May 14, 2024
Goyco v. Progressive Ins. Co., ___ N.J. ___ (2024). Plaintiff was hit by a car while he was operating a low-speed electric scooter (“LSES”), a Segway Ninebot KickScooter Max. As Justice Solomon described it in his unanimous opinion for the Supreme Court today, “[t]he ‘Segway Ninebot KickScooter Max’ is an LSES that has two wheels…
View Post »May 13, 2024
Kennedy v. Weichert Co., ___ N.J. ___ (2024). As discussed here, this putative class action case addressed whether written agreements under which plaintiff, a licensed real estate salesperson, entered in to an independent contractor with defendant, a licensed real estate broker, excluded plaintiff from the protections of the Wage Payment Law, N.J.S.A. 4:11-4.1 et seq.…
View Post »May 9, 2024
Savage v. Township of Neptune, ___ N.J. ___ (2024). N.J.S.A. 10:5-12.8(a) (“section 12.8”) is a provision of the New Jersey Law Against Discrimination (“LAD”). Enacted in 2019 during the “#MeToo” movement, that section states that a settlement agreement provision that “has the purpose or effect of concealing the details relating to a claim of discrimination,…
View Post »May 8, 2024
State v. Higginbotham, ___ N.J. ___ (2024). Earlier this week, as discussed here, the Supreme Court unanimously invalidated a portion of a regulation due to its overbreadth, which violated the New Jersey Constitution’s free speech guarantee. Chief Justice Rabner authored that opinion. Today, in another unanimous opinion, this one by Justice Wainer Apter, the Court…
View Post »May 7, 2024
Usachenok v. State of New Jersey, Department of the Treasury, ___ N.J. ___ (2024). N.J.A.C. 4A:7-3.1(j) is a regulation intended “to protect the integrity of the investigation…
View Post »May 6, 2024
In the second half of April, the Supreme Court issued one published opinion and the Appellate Division delivered four such rulings. Here are summaries: C.R. v. M.T., ___ N.J. ___ (2024). This was the second time that this case came before the Supreme Court. The previous decision was summarized here. This time, in an opinion…
View Post »May 2, 2024
In an Order available here, Chief Justice Rabner announced the summer Part schedule for the Appellate Division. The term “Summer Parts,” which has not been formally used by the courts though others routinely employ it, has always been a slight misnomer, as the period covered does not precisely match the actual summer. For example, this…
View Post »Apr 18, 2024
American Civil Liberties Union of New Jersey v. County Prosecutors Association of New Jersey, ___ N.J. ___ (2024). The ACLU of New Jersey sought five categories of records from defendant (“CPANJ”) under the Open Public Records Act, N.J.S.A. N.J.S.A. 47:1A-1 to -13 (“OPRA”), and the common law right of access. As summarized here, CPANJ moved…
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