NJ Appellate Law Blog

When, if at All, Can a Rule 4:19 Examination be Recorded, and When, if Ever, Can a Third Party be Present During an Examination?

DiFiore v. Pezic, 472 N.J. Super. 100 (App. Div. 2022). This opinion by Judge Sabatino exhaustively explored, in three consolidated cases, the issue of "when, if ever, a plaintiff with...

The Appellate Division in the Second Half of April- A Partial Recap

Until yesterday, when the Supreme Court issued this opinion, the Court did issue any decisions in the time following the last post on this blog on April 13. The Appellate...

Which Should Come First in a Criminal Case Involving a Juvenile Sought to be Tried as an Adult: A Suppression Motion in the Family Part or Waiver to the Criminal Part?

State in the Interest of E.S., ___ N.J. Super. ___ (App. Div. 2021). Judge Sabatino concisely posed the purely legal issue presented on this appeal: "This interlocutory appeal presents an...

Ullmann Rule Limiting Discovery of Tax Returns Applies to Corporate Returns As Well As Individual Returns

Parkinson v. Diamond Chemical Co., Inc., ___ N.J. Super. ___ (App. Div. 2021). In Ullmann v. Hartford Fire Ins. Co., 87 N.J. Super. 409 (App. Div. 1965), the Appellate Division...

How Should a Mortgage Company Use Insurance Proceeds Arising Out of Storm Damage? To Pay Delinquent Interest/Principal, or to Repair the Property?

Wilmington Savings Fund Society, FSB v. Daw, ___ N.J. Super. ___ (App. Div. 2021). Judge Sabatino issued this opinion for the Appellate Division today, in a case that arises out...

The 2021-22 General Assignment Order

Chief Justice Rabner has issued the General Assignment Order for the coming Term. It is available here. At the Appellate Division level, the headline is that the number of Parts...

Recreational Marijuana Use, Standing Alone, Cannot be the "Sole or Primary" Basis for Termination of Parental Rights Unless Use Endangers a Child

New Jersey Division of Child Protection and Permanency v. D.H., ___ N.J. Super. ___ (App. Div. 2021). This case comprised two related appeals. Two biological parents saw their parental rights...

Another Permutation of "Legal Duty and Tort Liability in a Drunk Driving Context"

Diaz v. Reynoso, ___ N.J. Super. ___ (App. Div. 2021). Near the beginning of his opinion for the Appellate Division today, Judge Sabatino succinctly stated the issue in this case:...

The Supreme Court Addresses the Pregnant Workers Fairness Act

Delanoy v. Township of Ocean, ___ N.J. ___ (2021). As discussed here, the Appellate Division issued the first opinion regarding the Pregnant Workers Fairness Act, a component of the New...

Another Mass Tort Case Headed for the Supreme Court?

Hrymoc v. Ethicon, Inc., 467 N.J. Super. 42 (App. Div. 2021). This lengthy opinion by Judge Sabatino reversed trial verdicts for plaintiffs in two product liability cases involving pelvic mesh...

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Appellate Division Oral Argument of the Week: Must Representative Actions Under the New Jersey Wage and Hour Law or the Prevailing Wage Act Satisfy Rule 4:32, Which Governs Class Actions?

On Thursday, March 12, the Appellate Division will hear oral argument in Martinez v. T. Slack Environmental Services, Inc. The issue on appeal is whether plaintiff's lawsuit, predicated on the New Jersey Wage and Hour Law, and the Prevailing Wage Act, must satisfy the criteria of Rule 4:32, the class action rule. The Law Division found that unnecessary....

Appellate Division Oral Argument of the Week: Must Representative Actions Under the Wage and Hour Law or the Prevailing Wage Act Satisfy Rule 4:32, Which Governs Class Actions?

On Thursday, March 12, the Appellate Division will hear oral argument in Martinez v. T. Slack Environmental Services, Inc. The issue is whether plaintiff's lawsuit, predicated on the New Jersey Wage and Hour Law, and the Prevailing Wage Act, must satisfy the criteria of Rule 4:32, the class action rule. The Law Division found that unnecessary....

Two Land Use Decisions by the Appellate Division

This week began with two published opinions by the Appellate Division in different areas of municipal land use. Here are summaries:...

A Blizzard of Criminal Law Decisions Last Week

[Couldn't resist the title given last week's major blizzard in New Jersey] Last week was a big week for decisions in criminal appeals. All three of the Supreme Court's opinions last week, and both of last week's published Appellate Division opinions, were in criminal cases. Here are summaries....