New Jersey Appellate Law Blog
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Mar 17, 2023
In an Order dated March 14 but published today, Chief Justice Rabner announced that Judge Kay Walcott-Henderson has been temporarily assigned to the Appellate Division. She has been assigned to Part A, where she will sit from April 3-June 4, 2023, plus “such additional period of time as may be necessary to decide all motions…
View Post »Mar 16, 2023
Hansen v. Rite Aid Corp., ___ N.J. ___ (2023). This opinion by Justice Patterson for a 5-0 Supreme Court (Justice Fasciale did not participate) reaffirms the attorneys’ fee award principles of Rendine v. Pantzer, 141 N.J. 292 (1995), and Walker v. Giuffre, 209 N.J. 124 (2012).…
View Post »Mar 14, 2023
Malanga v. Township of West Orange, ___ N.J. ___ (2023). The Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (“LHRL”), allows a municipality to declare a property “in need of redevelopment” if the property suffers from “obsolescence,” “faulty arrangement,” or “obsolete layout” and as a result is “detrimental to the … welfare of the…
View Post »Mar 13, 2023
Supreme Court grants of certification far outnumber grants of leave to appeal. But not this time. The Supreme Court announced two grants of leave to appeal, both in criminal cases, and one grant of certification, arising from a civil case. In both leave to appeal cases, the Court issued a peremptory briefing schedule under which…
View Post »Mar 8, 2023
State v. Smart, ___ N.J. ___ (2023). As Justice Fasciale discussed in great detail in his opinion today for a unanimous (5-0, with Justice Solomon and Judge Sabatino not participating) Court, New Jersey has more protective standards for searches and seizures, including automobile searches, than the Supreme Court of the United States has mandated in…
View Post »Mar 7, 2023
Pfannenstein v. Surrey, ___ N.J. Super. ___ (App. Div. 2023). At least since Buck v. Henry, 207 N.J> 377 (2011), and Nicholas v. Mynster, 216 N.J. 463 (2013), New Jersey’s Patients First Act, N.J.S.A. 2A:53A-37 et seq, (“PFA”), has been held to require that an affidavit of merit (“AOM”) in medical negligence cases normally may…
View Post »Mar 6, 2023
Castano v. Augustine, ___ N.J. Super. ___ (App. Div. 2023). N.J.S.A. 39:6A-4.5(b), enacted as part of the reform of New Jersey’s automobile insurance system, states: “Any person who is convicted of, or pleads guilty to, operating a motor vehicle in violation of…
View Post »Mar 2, 2023
This follows up on yesterday’s post about the second half of February in the Supreme Court. Here are summaries of some of the Appellate Division’s published opinions issued in the second half of February: In re Protest of Contract for Retail Pharmacy Design, ___ N.J. Super. ___ (App. Div. 2023). Judge Gilson’s opinion in this…
View Post »Mar 1, 2023
Preparation for a big Appellate Division argument at the end of February limited my ability to post for a period of time. But our courts were busy during that time. Here are summaries of two published opinions issued by our Supreme Court in the last half of February. Another post will catch up, at least…
View Post »Feb 14, 2023
By a 50-44 vote, the United States Senate yesterday confirmed Cindy Chung for a seat on the Third Circuit. Those voting in favor included three Republicans, along with Democrats. Ms. Chung thus becomes the first Asian-American to sit on the Third Circuit. Her background was discussed here. This is the third nomination to the Third…
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