United States v. Brito, 979 F.3d 185 (3d Cir. 2020). As discussed here, waiver of an argument occurs when a party intentionally relinquishes or abandons a contention, while forfeiture is...

Governor Murphy's nomination of Justice Fernandez-Vina for tenure on the Supreme Court until age 70 got a unanimous endorsement from the Senate Judiciary Committee last Thursday. Senators had only positive...

Zahl v. Eastland, 465 N.J. Super. 79 (App. Div. 2020). [Disclosure: I have represented the defendants in this matter.] Judge Messano's opinion for the Appellate Division in this case today...

On this date in 1977, the Supreme Court decided Baxter v. Fairmont Food Co., 74 N.J. 588 (1977). The Court's unanimous opinion, written by Chief Justice Hughes, has been cited...

This is a non-partisan blog. It has thus, for example, featured endorsements of both Republican and Democratic nominees to the Supreme Court of New Jersey. And, as noted in this...

In re AG Law Enforcement Directive Nos. 2020-5 & 2020-6, 465 N.J. Super. 111 (App. Div. 2020). Here is how Judge Accurso began her opinion for the Appellate Division in...

State v. Faber, 465 N.J. Super. 1 (App. Div. 2020). As discussed here, last month, the Appellate Division affirmed defendant's Municipal Court convictions but remanded for correction of his sentence....

Rialto-Capitol Condominium Ass'n, Inc. v. Baldwin Assets Assocs. Urban Renewal Co., LLC, 465 N.J. Super. 31 (App. Div. 2020). As Judge Fisher noted in his opinion in this case, "[t]he...

Supreme Court grants of leave to appeal are infrequent, but the Court's latest wave of five new cases taken up for review includes three appeals on leave. All of those...

Estate of Narleski v. Gomes, 244 N.J. 199 (2020). Near the beginning of his opinion for a unanimous Supreme Court in this case, Justice Albin summarized the issue: "Under our...