NJ Appellate Law Blog

Mother Who Left Infant in Running Automobile While She Bought Party Supplies is Guilty of Child Abuse or Neglect

Department of Children & Families v. E.D.-O., 434 N.J. Super. 154 (App. Div. 2014). Appellant "Eleanor" admitted that she had parked her car about 150 feet from a Dollar Tree...

Ban on Discrimination Against the Unemployed in Job Advertisements is Constitutional

New Jersey Dept' of Labor & Workforce Development v. Crest Ultrasonics, 434 N.J. Super. 34 (App. Div. 2014). N.J.S.A. 34:8B-1 "bars employers seeking to fill job vacancies in this State...

"Arbitrary, Capricious, or Unreasonable" Test Applies to Judicial Review of Administrative Agency Actions, Whether "Quasi-Judicial" or "Quasi-Legislative"

In re Proposed Quest Academy Charter School, 216 N.J. 370 (2013). In this unanimous opinion, fittingly written by Justice LaVecchia given her Office of Administrative Law background, the Supreme Court...

Appeals About Issues Decided by State Agency Must Go to the Appellate Division, Not the Law Division

Beaver v. Magellan Health Services, Inc.. 433 N.J. Super. 430 (App. Div. 2013). "Under what circumstances may a litigant pursue common law and statutory causes of action in the Law...

Impossibility of Performance as a Defense to Easement Agreements

Petrozzi v. City of Ocean City, 433 N.J. Super. 290 (App. Div. 2013). This case presented a concept of basic contract law– impossibility of performance– in an unusual setting. Judge Parrillo...

Supreme Court Will Review Tumpson v. Farina

The Supreme Court has granted certification to review the decision of the Appellate Division in Tumpson v. Farina, 431 N.J. Super. 164 (App. Div. 2013). The decision below is discussed here. The...

Brief Administrative Determination Addressed to Spanish-Speaking Puerto Rican Resident Must be Translated Into Spanish in Its Entirety in Order to Satisfy Due Process

Alicea v. Board of Review, 432 N.J. Super. 347 (App. Div. 2013). In Rivera v. Board of Review, 127 N.J. 578 (1992), a case that, like today's decision, involved a...

Railroad Can Take Private Property if "Not Incompatible With the Public Interest" and as "The Exigencies of Business May Demand"

Norfolk Southern Railway Co. v. Intermodal Properties, LLC, 210 N.J. 261 (2013). New Jersey law allows railroads and public utilities to take private property by eminent domain. N.J.S.A. 48:3-17.7 requires that any such taking...

"Appearance of Impropriety" Standard Continues to Apply to Quasi-Judicial Municipal Bodies

Kane Properties, LLC v. City of Hoboken, 214 N.J. 199 (2013). This opinion by Justice Hoens affirms, as modified, the decision of the Appellate Division in this municipal land use matter, reported at...

Use Variance Applicant Need Not Show That Subject Property is the Only Available Site for the Use

Price v. Himeji, LLC, 214 N.J. 263 (2013). Himeji, LLC applied to the Union City Board of Adjustment for a use variance, density, height, and other variances, and a waiver necessary for the construction of a...

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A Pair of New Criminal Appeals for the Supreme Court

The Supreme Court announced that it has granted certification in two new cases. Both are criminal appeals. One is from a published opinion of the Appellate Division, while the other is from an unpublished per curiam decision by a three-judge panel....

Can a Plaintiff in a Civil Case Refuse to Testify at Trial After Being Served With a Defense Notice in Lieu of Subpoena and Having Been Ordered to Testify by the Trial Judge? An Anniversary

On this date in 2005, the Supreme Court decided Gonzalez v. Safe & Sound Sec. Corp., 185 N.J. 100 (2005). The case involved a plaintiff who was shot in an apartment building in Atlantic City, which left him paralyzed. He brought a negligence suit against a number of defendants, including Atlantic City Housing & Urban Renewal Associates ("ACHURA"), the owner of the apartment building....

Appellate Division Oral Argument of the Week: What Effect Does the Federal Ending Forced Arbitration Act Have in a Hostile Work Environment Case?

Tomorrow, September 16, judges on Part B of the Appellate Division will hear oral argument in Cintron v. Brink's, Incorporated. That is a hostile work environment case brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq....

Two Criminal Appeals and Two Eminent Domain Cases for the Supreme Court

The Supreme Court announced that it has granted review in four new cases. Two of them are criminal matters. The other two involve eminent domain issues. One of the criminal appeals is before the Court on leave to appeal, the second grant of leave to appeal in the current Term. The Court granted certification in the other three matters....