Wilmington Savings Fund Society, FSB v. Daw, ___ N.J. Super. ___ (App. Div. 2021). Judge Sabatino issued this opinion for the Appellate Division today, in a case that arises out of Superstorm Sandy. It consumes 36 pages and is well worth reading in full. But the first few pages of the opinion explain very well what the case is about, what the governing principles are, and the panel’s ultimate ruling that the case is being remanded for further development of the record. As a result, this remainder of this post is a (shameless but convenient) quotation of those pages of the Appellate Division’s opinion: read more

The Supreme Court announced that it has granted certification in two more cases. The Court has accelerated and set a peremptory briefing schedule in one of those cases, State v. Lane. Any motion for leave to appear as amicus curiae must be filed, along with a copy of the proposed amicus brief, by December 6, 2021. read more

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Green Knight Capital, LLC v. Calderon, ___ N.J. Super. ___ (App. Div. 2021). This was an action to foreclose a tax sale certificate. The sequence of procedural events was somewhat out of order. The bottom line was that the Chancery Division granted a motion for intervention, by a party who had already tendered the full redemption amount to the tax collector, and denied plaintiff’s motion to bar redemption. Plaintiff also filed a motion to set the time, place, and amount of redemption, but the Chancery Division denied that motion as moot. read more

JWC Fitness, LLC v. Murphy, ___ N.J. Super. ___ (App. Div. 2021). This opinion by Judge Rothstadt involved the claims of plaintiff, a gym, for compensation from the State because Governor Murphy’s Executive Orders required the gym to close (though it could and did continue to offer certain services) as a result of COVID-19. Plaintiff argued both statutory and constitutional grounds for compensation. The Appellate Division, however, rejected plaintiff’s contentions. read more

In the recent period, the Third Circuit has published a small number of opinions. Here are summaries of some of those decisions: read more

Today is the eleventh anniversary of this New Jersey Appellate Law blog. The first post appeared on October 18, 2010. As I do every year on this date, I thank all the many subscribers and readers of the blog. As before, that includes jurists at all levels of the courts, attorneys, law professors and law students, and lay members of the public with an interest in legal issues. My thanks go to all of those readers, and particularly to those who have commented or contacted me offline and helped me to keep the blog accurate. Thanks as well to those who have recommended the blog to others or who have cited it. I’ll continue to do my best to live up to your standards. read more

The Supreme Court announced that it has granted certification in two more criminal cases. Both are homicides. read more