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Standard of review

Plaintiffs Can Seek to Be Accompanied to a Defense Medical Examination by a Third Person or to Record the Examination, and (Contrary to the Appellate Division) Plaintiffs Do Not Bear the Burden of Pro

DiFiore v. Pezic, 254 N.J. 212 (2023). [Disclosure: Catherine B. Derenze, my colleague at Lite DePalma Greenberg & Afanador, LLC, argued before the Supreme Court in this case on behalf...

School Board Has No Duty to Notify Tenured Full-Time Teachers Who Seek to Move to Part-Time That They May Lose Tenure Rights, But Boards are "Encourage[d]" To Do So

Parsells v. Somerville Bd. of Educ., 254 N.J. 152 (2023). Justice Fasciale wrote the Court's unanimous opinion in this case today. Plaintiff lost on the legal issue that prompted the...

2002 Amendment to the Criminal Statute of Limitations Cannot Apply Retroactively to Allow Prosecution of an Offense Allegedly Committed in 1990

State v. Rosado, 475 N.J. Super. 266 (App. Div. 2023). Judge Gilson began his opinion for the Appellate Division in this case today as follows: "This appeal presents a novel...

The West Orange Library Site is Not "In Need of Redevelopment"

Malanga v. Township of West Orange, 253 N.J. 291 (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...

"Ministerial Exception" That Bars Employment Discrimination Claims by Ministers Employed by Religious Institutions Also Covers Other Claims Related to the Institution's Employment Decision

Hyman v. Rosenbaum Yeshiva of New Jersey, 474 N.J. Super. 561 (App. Div. 2023). As Judge Mitterhoff explained in her opinion for the Appellate Division today, the Free Exercise and...

A Suppression of Evidence Case With "Three Issues of First Impression": Next Stop, Supreme Court?

State v. Scott, 474 N.J. Super. 388 (App. Div. 2023). This was a typically thorough and scholarly opinion by Judge Susswein. It is well worth reading in full. But because...

Smith & Wesson Fails to Block a Subpoena Issued by the Attorney General Under the Consumer Fraud Act

Platkin v. Smith & Wesson Sales Co., Inc., 474 N.J. Super. 476 (App. Div. 2023). In 2020, the Attorney General's office issued to Smith & Wesson an administrative action subpoena...

Witness Tampering Statute is Neither Unconstitutionally Overbroad Nor Vague

State v. Hill, 474 N.J. Super. 366 (App. Div. 2023). Defendant was convicted of carjacking and witness tampering. After the female victim of the carjacking identified defendant to police from...

The Effect of an Amendment to Prong Two of the "Best Interests of the Child" Test in Termination of Parental Rights Proceedings

New Jersey Division of Child Protection & Permanency v. D.C.A., 474 N.J. Super. 11 (App. Div. 2022). This opinion today by Judge Whipple affirmed the decision of a Family Part...

The First Week of August

The dog days of summer often see the Supreme Court and the Appellate Division issuing opinions in cases argued earlier in the Term. The Third Circuit is often more active...

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