The Supreme Court announced that it has granted review in two new appeals. One is before the Court on leave to appeal. The Court granted certification in the other matter.
The leave to appeal case is J.H. v. Warren Hills Bd. of Educ. The question presented, as phrased by the Supreme Court Clerk’s office, is “Does the 2019 amendment to the Child Sexual Abuse Act that eliminated the “within the household” requirement for passive abuser liability, see L. 2019, c. 120, § 4 (amending N.J.S.A. 2A:61B-1(a)(1)), apply to this lawsuit filed after the December 1, 2019 effective date of the amendment, but concerning alleged conduct that occurred exclusively before the effective date of the amendment?” In an opinion that has been approved for publication but not yet assigned a Superior Court Reports citation, the Appellate Division held that the amendment applied. That ruling affirmed a decision of the Law Division that had denied a defense motion for summary judgment.
The other new appeal is Allstate New Jersey Ins. Co. v. Carteret Comprehensive Medical Care, P.C. The question presented there is “Are claims of insurance fraud under the New Jersey Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to -30, and the New Jersey Anti-Racketeering Act, N.J.S.A. 2C:41-1 to -6.2, subject to arbitration under the Automobile Insurance Cost Reduction Act, N.J.S.A. 39:6A-1.1 to -35?” The Law Division sent the case to arbitration. But the Appellate Division, in an opinion reported at 480 N.J. Super. 586 (App. Div. 2025), reversed, holding that plaintiffs’ claims were not subject to AICRA arbitration.