Ciripompa v. Bd. of Educ. of Borough of Bound Brook, ___ N.J. Super. ___ (App. Div. 2021). Judge Gummer well summarized her opinion for the Appellate Division today in its first paragraph: read more

Chief Judge Smith issued a Standing Order Regarding Highly Sensitive Documents. It is available here. The Standing Order creates new procedures for materials defined therein as “Highly Sensitive Documents” (“HSD”). Such documents are those “involving: (1) Title III applications; (2) initial applications for search warrants; (3) matters of national security; (4) foreign sovereign interests, or cybersecurity; (5) terrorism; (6) investigation of public officials; (7) intellectual property or trade secrets likely to be of interest to foreign powers; or (8) the reputational interests of the United States.” read more

Most of us think that age discrimination in employment claims are limited to plaintiffs who allege discrimination based on their advanced age. But on this date in 1999, the Supreme Court ruled, in Bergen Commercial Bank v. Sisler, 157 N.J. 188 (1999), in favor of an employee who alleged employment discrimination based on his youth. Justice Stein’s opinion for the unanimous Court stated that this was “a case of first impression.” read more

Late last week, the Supreme Court and the Appellate Division each issued two published opinions. Neither court has issued any published opinions this week (nor is either court slated to do so tomorrow, a relatively long hiatus for both courts at this point in a Term), thus affording time for another catch-up post. Here are summaries of those latest opinions. read more

New York Mortgage Trust v. Deely, ___ N.J. Super. ___ (App. Div. 2021). Every few years, the Appellate Division publishes an opinion about equitable subrogation. Equitable subrogation, “rooted in principles of equity, is used to compel the ultimate discharge of an obligation by the one who in good conscience ought to pay it,” regardless of whose mortgage was recorded first. Some recent examples of equitable subrogation decisions are here (Sovereign Bank v. Gillis, 432 N.J. Super. 36 (App. Div. 2013), which figured prominently in this new ruling), here, and here. This opinion by Judge Geiger is the latest in that series. read more

The Supreme Court announced that it has granted review in three new cases. Two are criminal appeals and the third involves two questions certified by the Third Circuit. The Supreme Court declined one question but agreed to answer the other. read more

In re Request to Release Certain Pretrial Detainees, ___ N.J. ___ (2021). This matter arose out of a motion filed by the Office of the Public Defender and the American Civil Liberties Union of New Jersey. As a result of the COVID-19 pandemic, criminal juries have been suspended, meaning that criminal defendants detained pre-trial under the Criminal Justice Reform Act (“CJRA”) have been held for more extended periods of time. read more

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 seize, or even sell, without notice or hearing, property of a tenant who owes rent, violated due process. read more