New Jersey Appellate Law Blog
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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…
View Post »Apr 16, 2024
Comprehensive Neurosurgical, P.C. v. The Valley Hospital, ___ N.J. ___ (2024). As discussed here, the question presented to the Supreme Court in this appeal, which was the subject of today’s unanimous decision by Justice Fasciale, encompassed several important issues. That question, phrased by the Supreme Court Clerk’s office, was ““Should plaintiffs’ claim that defendant breached…
View Post »Apr 12, 2024
The Supreme Court announced that it has granted certification in five new cases. All of them are civil matters. Three of the cases involved published opinions of the Appellate Division. In D.T. v. Archdiocese of Philadelphia, the question presented, as phrased by the Supreme Court Clerk’s office, is “Under the circumstances presented, is the Archdiocese…
View Post »Apr 4, 2024
State v. Jang, ___ N.J. Super. ___ (App. Div. 2024). A party unhappy with a ruling by a Municipal Court may appeal to the Law Division for a trial de novo. As the Supreme Court said in State v. Robertson, 228 N.J. 138 (2017), “[a]t a trial de novo, the court makes its own findings…
View Post »Apr 1, 2024
On April 1, 1957, the Supreme Court decided Fisch v. Manger, 24 N.J. 66 (1957). The key issue there was whether the practice of additur, under which a trial judge may, after a jury verdict, increase the amount of the verdict rather than ordering a new trial, if the defendant consents. The case involved an…
View Post »Mar 29, 2024
This week, the Appellate Division decided two very different kinds of arbitration matters. Yesterday, Judge Sabatino issued an opinion in Morison v. Willingboro Bd. of Educ., ___ N.J. Super. ___ (App. Div. 2024). That case involved efforts of school districts to discipline or remove tenured teachers or administrators for improper conduct. Until 2012, such matters…
View Post »Mar 26, 2024
State v. Harrell, ___ N.J. ___ (2024). As discussed here, this case presented the following question for the Supreme Court: “Under the circumstances presented, is the alleged victim’s recorded statement from when she was eight years old admissible at trial now when she is fifteen and would testify that she recalls only one of the…
View Post »Mar 25, 2024
Robey v. SPARC Group, LLC, ___ N.J. ___ (2024). Today saw a relatively rare 4-3 decision from the Supreme Court. The majority consisted of Justice Solomon, the author of the majority opinion, Chief Justice Rabner, and Justices Patterson and Pierre-Louis. Justice Fasciale authored the dissent, in which Justices Wainer Apter and Noriega joined. The case,…
View Post »Mar 25, 2024
The Supreme Court announced that it has granted certification in two new cases. Both cases were the subject of published opinions in the Appellate Division. In 257-261 20th Avenue Realty, LLC v. Roberto, the question presented, as phrased by the Supreme Court Clerk’s office, is “Is the Tax Sale Law, which authorizes the purchaser of…
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