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....
State v. Martinez, ___ N.J. Super. ___ (App. Div. 2025). This appeal arose out of an inconsistent verdict by a jury that considered charges of murder, passion/provocation manslaughter, weapons charges, and other crimes not the subject of this published opinion by Judge Jacobs (other counts were addressed in the longer, unpublished version of this opinion). The jury had been charged as follows regarding self-defense:...
Brehme v. Irwin, 259 N.J.505 (2025). One might intuitively think that a plaintiff who accepts full payment of a civil judgment for damages from an auto accident including pain and suffering, disability, impairment, loss of enjoyment of life, and past lost wages, and signs a warrant to satisfy judgment cannot then an appeal a ruling on a motion in limine that barred evidence of future medical expenses....
Hoboken for Responsible Cannabis, Inc. v. City of Hoboken Planning Bd., 480 N.J. Super. 357 (App. Div. 2024). This land use decision, written by Judge Firko, is the final published...
No one can say that in the days before Christmas, "not a creature was stirring" in our appellate courts. The Supreme Court issued one decision and the Appellate Division published...
Rodriguez v. Shelbourne Spring, LLC, ___ N.J. ___ (2024). The first signed opinion of the current Term was by Justice Fasciale. The Court addressed issues relating to whether Hartford Underwriters...
In the Matter of A.D., an Alleged Incapacitated Person, ___ N.J. ___ (2024). This case was an appeal from a decision of the Appellate Division, discussed here, that the Office...
Tomorrow, December 10, judges on Part E will hear oral argument in In re Tom Malinowski, Petition for Nomination for General Election, November 8, 2022, for United States House of...
Chief Justice Rabner announced that Judges Vinci and Vanek have been permanently assigned to the Appellate Division. They had each been temporarily assigned to that court previously. The Orders making...
Filings in the Appellate Division and the Supreme Court in the last few days interfered with blogging about three published opinions that the Appellate Division issued during that time. Here...
