The Supreme Court announced that it has granted leave to appeal in Lowe v. Audet. The question presented, as phrased by the Supreme Court Clerk's office, is "Are insurance brokers exempt from liability under the ‘learned professionals' exception to the Consumer Fraud Act?" The Law Division granted a defense motion to dismiss. A two-judge Appellate Division panel affirmed in an unpublished per curiam opinion....
C.J.S. v. A.S., 2025 N.J. Super LEXIS _______ (App. Div. Nov. 18, 2025). [Disclosure: I represented the successful plaintiff in this appeal.] The Victim's Assistance and Survivor Protection Act, N.J.S.A. 2C:14-13 to -21 ("VASPA"), was enacted to protect against, among other things, cyber-harassment. Only someone "who is not eligible for a restraining order as a ‘victim of domestic violence' as defined by . . . [the Protection of Domestic Violence Act , N.J.S.A. 2C:25:17-35 ("PDVA"]" may invoke VASPA protection....
On Tuesday, November 18, judges on Part D will hear oral argument in Rider v. Jersey City Transfer, Inc. The case arose out of an auto accident in Maryland, in which plaintiff, after striking one vehicle with her own car and getting out of the car, was hit by a tractor-trailer owned by defendant. Plaintiff suffered grisly injuries, sued, and obtained a judgment of over $59 million once the $55 million jury verdict was molded. Defendants appealed....
The Supreme Court announced that it has granted certification in Campoverde v. NY-NJ Link Developer, LLC. The question presented, as phrased by the Supreme Court Clerk's office, is "What is the applicable standard under New Jersey law for determining whether a general contractor owes a duty to a subcontractor's employees for the purpose of determining liability for the injuries sustained by a subcontractor's employee?"...
The Supreme Court issued a Notice, available here, that proposes to revolutionize the process for briefing in the Supreme Court. If adopted, the new procedures would require substantial revisions to Rule 2:12, which currently governs Supreme Court briefing....
On Thursday, November 13, judges on Part C of the Appellate Division will hear oral argument in Arminio v. Monroe Township Board of Education. The case raises several issues under the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. ("OPMA")....
Johnson v. Wilkerson, ___ N.J. ___ (2025). Chief Justice Rabner's opinion for a unanimous Court follows on the Court's September 19, 2025 Order that upheld a ruling by Judge Sabatino in an emergent appeal by a candidate for a Roselle council seat. That Order stated that an opinion would follow....
Tomorrow, October 28, judges on Part E of the Appellate Division will hear oral argument in Nagel Rice, LLP v. Starkey, Kelly, Kenneally, Cunningham & Turnbach. It is relatively rare for one law firm to sue another, but that has occurred here....
The Supreme Court announced that it has granted review in three new matters. Two of them involve questions certified to the Court by the Third Circuit Court of Appeals, under Rule 2:12A. It is relatively rare for the Court to receive, and rarer for it to grant, petitions to decide certified questions, and it appears unprecedented for the Court to have granted review in two such cases at the same time. The other new case is a grant of leave to appeal to address one of the same issues presented in one of the certified question matters....
This blog has in the past noted anniversaries of Supreme Court decisions involving appeals from the Court's Committee on Character, on which I served for fifteen years. Today is another such anniversary, as on October 22, 1997, the Court decided In re Triffin, 151 N.J. 510 (1997)....
