New Jersey Division of Child Protection and Permanency v. D.H., ___ N.J. Super. ___ (App. Div. 2021). This case comprised two related appeals. Two biological parents saw their parental rights to their five-year old son terminated by the Family Part under Title 30. The parents had admitted to the recreational use of marijuana. They appealed, contending that the Family Part had improperly held that use of marijuana use against them. read more

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 with N.J.S.A. 39:-3-33. As relevant to today’s ruling, that statute states “No person shall drive a motor vehicle which has a license plate frame or identification marker holder that conceals or otherwise obscures any part of any marking imprinted upon the vehicle’s registration plate . . . .” read more

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Appellate Division opinions designated as not for publication do not often address legal issues such as whether and when a judgment under appeal is final. But today, the Appellate Division issued two opinions that touch on that subject in different contexts. read more

On this date in 1993, the Supreme Court decided Coffman v. Keene Corp., 133 N.J. 581 (1993). This was a case brought by an asbestos worker. As Justice Handler, writing for a unanimous Court, said, “[p]laintiff claimed that defendant had violated its duty to warn consumers of the health hazards associated with asbestos products. Defendant took the position that the absence of such a warning did not proximately contribute to plaintiff’s injuries because there was no evidence proffered that plaintiff would have followed such a warning, and therefore no proof that the failure to warn had contributed to plaintiff’s injuries.” The trial judge instructed the jury to presume that, had defendant given a warning, plaintiff would have followed it. That enabled plaintiff to prevail at trial, since defendant offered no contrary evidence. read more

The Third Circuit issued three published opinions in one day earlier this week. Here are summaries: read more

Kravitz v. Murphy, ___ N.J. Super. ___ (App. Div. 2021); Johnson v. McClellan, ___ N.J. Super. ___ (App. Div. 2021). The Kravitz case, in which Judge Hoffman authored the panel’s opinion, involves another Executive Order issued by Governor Murphy as a result of the COVID-19 pandemic. This one was Executive Order No. 128, which authorized residential tenants to use their security deposits to pay rent. read more

The Supreme Court announced that it has granted review in two more cases. In one case, the Court granted certification, while in the other the Court granted leave to appeal. read more