C.E. v. Elzabeth Public School District, ___ N.J. Super. ___ (App. Div. 2025). This opinion by Judge Smith today was the second ruling by the Appellate Division in this case. The previous decision was summarized here....

In re Tom Malinowski Petition for Nomination for General Election, November 8, 2022, for United States House of Representatives New Jersey Congressional District 7, ___ N.J. Super. ___ (App. Div. 2025). This case was an "Appellate Division Oral Argument of the Week," as discussed here. Today, in an opinion by Judge Gilson, the Appellate Division held that New Jersey's "anti-fusion" statute, N.J.S.A. 19:13-8, which prohibits a candidate for public office from appearing on a ballot on more than one party line, does not violate the New Jersey Constitution. This ruling affirms a decision by the Secretary of State that rejected, citing that same statute, a request by the Moderate Party to Tom Malinowski as its nominee on the November 2022 general election ballot for the United States House of Representatives, 7th Congressional District because Malinowski was already on the ballot as the nominee of the Democratic Party....

Tomorrow, February 12, a panel of judges on Part F will hear oral argument in Wang v. COA Hudson 99, LLC. The case involves an arbitration clause in a Subscription and Purchase Agreement for a condominium residence unit. Plaintiffs on this appeal, purchasers of the unit, declined to close because, they asserted, the unit was substantially smaller than had been represented to them. Defendants in this case filed a demand for American Arbitration Association ("AAA") arbitration, contending that the buyers had breached the contract by failing to close and that defendants were entitled to retain the buyers' deposit....

Hopkins v. LVNV Funding, LLC, ___ N.J. Super. ___ (App. Div. 2025). This appeal arose out of a Special Civil Part action by LVNV Funding, LLC ("LVNV") on January 26, 2022 to collect an alleged $746.71 debt originally owed to Credit Bank One, N.A. LVNV alleged that it was the successor in interest and owner of the alleged debt, at the tail end of a long line of successors. Hopkins filed an Answer and a class action counterclaim, alleging that LVNV and the others in its chain of successors were not licensed to conduct business as consumer lenders or sales finance companies pursuant to the New Jersey Consumer Finance Licensing Act ("CFLA"), N.J.S.A. 17:11C-1 to -49....

The weather has been chilly this week, but the Appellate Division has been heating things up. That court issued published opinions today and on the preceding two days. Here are summaries of those decisions....

D.T. v. Archdocese of Philadelphia, ___ N.J. ___ (2025). This unanimous opinion by Justice Patterson involved whether New Jersey courts had personal juriisdiction over the Archdiocese of Philadelphia, a defendant. Suing both the Diocese and Michael J. McCarthy, a priest assigned by the Archdiocese to a Pennsylvania parish, plaintiff alleged that McCarthy had sexually abused him during an overnight trip to a private home in New Jersey. On leave to appeal, as discussed here, the Appellate Division affirmed a ruling of the Law Division that New Jersey courts lacked personal jurisdiction over the Archdiocese on the facts presented. The Supreme Court granted leave to appeal and affirmed in a unanimous opinion by Justice Patterson, who stated that "an n appellate court reviews de novo a trial court's legal determinations regarding personal jurisdiction, but its review of a trial ‘court's factual findings with respect to jurisdiction' is limited to determining whether those findings are supported by substantial, credible evidence in the record."...

Township of Jackson v. Getzel Bee, LLC, ___ N.J. Super. ___ (App. Div. 2025). This eminent domain opinion by Judge Berdote Byrne involved two consolidated cases. Plaintiff Township sought to acquire two pieces of property owned by defendants, .Block 21601, Lots 84 and 90. When defendants did not respond, plaintiff commenced condemnation proceedings....

On Monday, February 3, a panel of judges on Part A will hear oral argument in In re Application of Barbara Eames and William Eames Pursuant to N.J.S.A. 1:7-1 and N.J.S.A. 1:7-4 Seeking to Void L. 2021, c. 375. The cited statutes permit petitioners to seek the original jurisdiction of the Appellate Division....

In re Estate of Michael D. Jones, ___ N.J. ___ (2025). As summarized here, this case involved whether an ex-spouse's rights as the pay-on-death beneficiary on her deceased ex-husband's U.S. savings bonds were superseded by the parties' divorce. The couple's divorce settlement agreement ("DSA") required, as relevant here, that the ex-husband ("Michael") pay the ex-wife ("Jeanine") $200,000 in installments over time. The DSA did not specifically provide for the disposition of savings bonds....

N.A.R., Inc. v. Eastern Outdoor Furnishings A/K/A JC Partners, LLC, ___ N.J. Super. ___ (App. Div. 2025). This opinion by Judge Sabatino is an example of a party that "won the battle but lost the war." Defendant/third-party plaintiff Eastern Outdoor Furnishings ("Eastern Outdoor") asserted that third-party defendant AMD Direct, Inc. ("AMD") violated the New Jersey Franchise Practices Act, N.J.S.A. 56:10-1 et seq. ("NJFPA"), in terminating Eastern Outdoor's alleged franchise to sell AMD's products. The Law Division granted summary judgment to AMD, holding that there was no written agreement that established a franchise relationship....