Mauer v. State of New Jersey, ___ N.J. Super. ___ (App. Div. 2025). Plaintiff, a State of New Jersey employee, filed lawsuits against the State, several State agencies, and certain employees of those agencies under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 et seq. The two cases were consolidated. The law firm of Brown & Connery ("B&C") appeared for defendants....
The Supreme Court announced that it has granted certification in State v. Arrington. The question presented, as phrased by the Supreme Court Clerk's office, is "Can a criminal defendant advance an insanity defense under N.J.S.A. 2C:4-1 without expert testimony?"...
State v. Jones, ___ N.J. Super. ___ (App. Div. 2025). Recovery Court, formerly known as Drug Court, is a diversionary program involving intensive supervision and other techniques intended to lead to an ultimate expungement of criminal convictions in many cases. Judge Natali's opinion for the Appellate Division in this case today addressed one aspect of the criteria for admission to Recovery Court....
On this date in 1992, the Supreme Court decided Sica v. Wall Township Board of Adjustment, 127 N.J. 152 (1992). [Disclosure: I argued this case for the successful plaintiff]. Justice Pollock's opinion for a unanimous Court addressed a question that arose out of Medici v. BPR Co., 107 N.J. 1 (1987). There, the Court held that a use variance applicant must satisfy an enhanced standard of proof that the variance is not inconsistent with the intent of the master plan and zoning ordinances. The question in Sica was whether that enhanced standard applied to inherently beneficial uses. The Court said that it did not....
Musker v. Suuchi, Inc., ___ N.J. ___ (2025). The question presented in this appeal, as stated by Justice Fasciale in his unanimous opinion, was "whether ‘commissions' are considered ‘wages' under the Wage Payment Law (WPL), N.J.S.A. 34:11-4.1 to -4.15, and are therefore subject to the WPL's protections." As summarized here, both the Law Division and the Appellate Division granted a defense motion for summary judgment, holding that "commissions" were not "wages" but were "supplementary incentives" not covered by the WPL....
It's time to catch up with the courts again. Last week, the Supreme Court issued two opinions, while the Appellate Division published one decision. Here are summaries:...
The Supreme Court announced this afternoon that it has granted leave to appeal in two matters. The first of those cases is State v. Miles. The question presented in that appeal, as phrased by the Supreme Court Clerk's office, is "Was defendant entitled to discovery related to the State's use of facial recognition technology, see State v. Arteaga, 476 N.J. Super. 36 (App. Div. 2023)? Relying on Arteaga, where the Appellate Division had approved such discovery, a two-judge panel of the Appellate Division, in an unpublished order, affirmed the Law Division's similar ruling here....
As discussed here, last September the Supreme Court announced that many oral arguments in the Appellate Division would henceforth be livestreamed, as Supreme Court oral arguments have been since 2005. Briefs in many appeals to be argued orally were to be posted online as well....
On Thursday, March 13, a panel of Part C of the Appellate Division will hear oral argument in Gallardo v. Ginarte. Plaintiff and defendant were former law partners. Plaintiff alleged that defendant and his law firm had locked plaintiff out of the firm to retaliate for plaintiff having engaged in activity protected under the Law Against Discrimination and the Conscientious Employee Protection Act. Plaintiff claimed that defendants then improperly tried to prevent clients from leaving defendant for plaintiff's new law firm. Defendants countered that plaintiff had improperly pressured defendants' clients to move to plaintiff's new firm....
Blackridge Realty, Inc. v. The City of Long Branch, ___ N.J. Super. ___ (App. Div. 2025). Pursuant to a written developer's agreement, plaintiff ("Blackridge") was a designated redeveloper under the City of Long Branch's Oceanfront-Broadway Redevelopment Plan. That plan was adopted pursuant to the Local Redevelopment and Housing Law ("LRHL"), N.J.S.A. 40A:12A-1 et seq. Blackridge successfully completed its redevelopment project....