Continuing to catch up with our appellate courts' activities in the final three weeks of January, this post addresses two new grants of certification by the Supreme Court. One is a case under the New Jersey Tort Claims Act and the other is a criminal appeal....
Due to a confluence of factors, the most recent post on this blog was in the first week of January. This post, and others to follow, will catch up with the activities of our appellate courts for the rest of January....
On Thursday, January 8, judges on the Appellate Division's Part C will hear oral argument in eighteen consolidated cases, the first listed one captioned Tabei v. Bally's Park Place, LLC. Each of the cases was brought under the New Jersey Law Against Discrimination, alleging that plaintiffs were discriminated against, based on their ages, in Bally's' hiring of bartenders for a new bar, the "Boardwalk Saloon." Plaintiffs appeal a summary judgment for defendants in all cases....
The end of last week saw the issuance of one Supreme Court ruling and two published Appellate Division decisions. Two of those were in criminal appeals. The third involved the exclusion of an expert witness in a medical malpractice case....
The Supreme Court has issued one opinion, involving a guaranty of indebtedness, and the Appellate Division one published ruling, under the Victim's Assistance and Survivor Protection Act, N.J.S.A. 2C:14-13 to -21 ("VASPA"). Here's what they were about....
The week of Thanksgiving and the week preceding it saw one Supreme Court opinion and four published rulings from the Appellate Division. Catching up, here are summaries....
The Supreme Court announced that it has granted certification in Jersey City Municipal Utilities Auth. v. Town of Dover. The question presented, as phrased by the Supreme Court Clerk's office, is "Do the 1971 settlement agreement and the 1984 amendment to that settlement agreement constitute an unlawful perpetual municipal contract without a finite endpoint, are they void as against public policy and the Clean Water Act, and are they terminated if the capacity of the Rockaway Valley Regional Sewerage Authority treatment plant expands beyond twelve million gallons per day?"...
The Supreme Court announced that it has granted certification in Campoverde v. NY-NJ Link Developer, LLC. The question presented, as phrased by the Supreme Court Clerk's office, is "What is the applicable standard under New Jersey law for determining whether a general contractor owes a duty to a subcontractor's employees for the purpose of determining liability for the injuries sustained by a subcontractor's employee?"...
On Thursday, November 13, judges on Part C of the Appellate Division will hear oral argument in Arminio v. Monroe Township Board of Education. The case raises several issues under the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. ("OPMA")....
The Supreme Court announced that it has granted review in three new matters. Two of them involve questions certified to the Court by the Third Circuit Court of Appeals, under Rule 2:12A. It is relatively rare for the Court to receive, and rarer for it to grant, petitions to decide certified questions, and it appears unprecedented for the Court to have granted review in two such cases at the same time. The other new case is a grant of leave to appeal to address one of the same issues presented in one of the certified question matters....
