NJ Appellate Law Blog

45 Years Since Lind v. Schmid

On this day in 1975, the Supreme Court decided Lind v. Schmid, 67 N.J. 255 (1975). It has been cited well over one hundred times and is still a leading...

A Third Circuit Ruling in Favor of Association Standing

New Jersey Coalition of Automotive Retailers, Inc. v. Mazda Motors of America, 957 F.3d 390 (3d Cir. 2020). In Hunt v. Washington State Apple Advertising Comm'n, 432 U.S. 333 (1977),...

An Employment Law Anniversary: The "Lower Sights" Doctrine

Today is the 50th anniversary of Earth Day. It's also Administrative Professionals Day, an opportunity for attorneys to recognize how essential our non-attorney staff is to our legal practice. Today...

Back in Action

The appellate courts have not been idle since the most recent post on this blog. Opinions have been issued, the Supreme Court has taken up more cases for review, and...

2020 Law Graduates May Practice Immediately, as July Bar Exam is Cancelled, But Graduates Still Must be Certified by the Committee on Character in Order to Practice

As announced by Chief Justice Rabner here, the July Bar examination has been cancelled due to the COVID-19 situation. But that situation, the Supreme Court has concluded, after consulting with...

Where Jail Inmates Had Been Told That Their Telephone Calls Would be Monitored and Recorded, They Had No Reasonable Expectation of Privacy in Those Calls

State v. Jackson, 241 N.J. 547 (2020). In a per curiam opinion, the Supreme Court today affirmed the ruling of the Appellate Division in this case (actually, two consolidated cases),...

An Expungement Case and a "Conditional Res Ipsa Loquitur" Case for the Supreme Court

The Supreme Court announced that it has granted certification in two more cases. One arises out of a finding of child abuse and neglect. The other involves a request for...

Forfeiture of Entire Public Pension Due to Guilty Plea of Accepting $300 Bribe is Not an Unconstitutional "Excessive Fine"

State v. Anderson, 463 N.J. Super. 168 (App. Div. 2020). Defendant, formerly employed by the Jersey City Tax Assessor's office, pled guilty to a federal criminal charge of interference with...

Judges Gummer and Smith Will be Temporarily Assigned to the Appellate Division as of September 1

Chief Justice Rabner announced the temporary assignment of two judges to the Appellate Division. The two judges, Katie Gummer and Morris Smith, will begin their temporary assignments on September 1,...

This Week's Appellate Division Arguments Will be Conducted Telephonically

As stated here, all Appellate Division oral arguments through March 27 will be conducted telephonically rather than in person. There is no indication yet as to whether that will continue...

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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....