In re Tom Malinowski Petition for Nomination for General Election, November 8, 2022, for United States House of Representatives New Jersey Congressional District 7, ___ N.J. Super. ___ (App. Div. 2025). This case was an "Appellate Division Oral Argument of the Week," as discussed here. Today, in an opinion by Judge Gilson, the Appellate Division held that New Jersey's "anti-fusion" statute, N.J.S.A. 19:13-8, which prohibits a candidate for public office from appearing on a ballot on more than one party line, does not violate the New Jersey Constitution. This ruling affirms a decision by the Secretary of State that rejected, citing that same statute, a request by the Moderate Party to Tom Malinowski as its nominee on the November 2022 general election ballot for the United States House of Representatives, 7th Congressional District because Malinowski was already on the ballot as the nominee of the Democratic Party....

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...

State v. Higginbotham, 257 N.J. 260 (2024). Earlier this week, as discussed here, the Supreme Court unanimously invalidated a portion of a regulation due to its overbreadth, which violated the...

State v. Higginbotham, 475 N.J. Super. 205 (App. Div. 2023); In re Appeal of Denial of M.U.'s Application for a Handgun Purchase Permit, 475 N.J. Super. 148 (App. Div. 2023)....

Preparation for a big Appellate Division argument at the end of February limited my ability to post for a period of time. But our courts were busy during that time....

State v. Carter, ___ N.J. ___ (2021); State v. Roman-Rosado, ___ N.J. ___ (2021). These two consolidated appeals, in which Chief Justice Rabner authored a unanimous opinion issued today, dealt...

The Third Circuit issued three published opinions in one day earlier this week. Here are summaries: Dondero v. Lower Milford Tp., ___ F.4th ___ (3d Cir. 2021). Plaintiff filed a...

That did not take long. As discussed here, Justice LaVecchia announced on March 8 that she would leave the bench in August. Today, one week later, Governor Murphy announced that...

On this date in 1983, a unanimous Supreme Court decided Callen v. Sherman's, Inc., 92 N.J. 114 (1983). The case involved whether distraint, a procedure that allowed commercial landlords to...

State v. Greene, 242 N.J. 530 (2020). Until today, the Supreme Court "has not had occasion to squarely address a prosecutor's opening statement that detailed evidence of a defendant's guilt...