On October 19, 1977, the Supreme Court decided Polillo v. Deane, 74 N.J. 562 (1977).  That decision is still the leading case under the New Jersey Sunshine Law, N.J.S.A. 10:4-6, otherwise known as the Open Public Meetings Act.  There, the Supreme Court, by a 4-2 vote, held that the Sunshine Law was applicable to Faulkner Act charter commissions.  Justice Pashman wrote the majority opinion, in which Justices Mountain, Sullivan, and Schreiber joined.  Justices Clifford and Handler were the dissenters. read more

Today marks the eighth anniversary of this blog.  As has been so every year, I’m grateful to the many jurists, lawyers, law students, and laypeople who read the blog.  I’m especially appreciative for the feedback that has been provided to me, both on the blog and off it.  The blog continues to be cited, and it was listed on some “top blog” lists this past year.  I hope that readers continue to find it useful, and to be willing to put up with those periods of time where the press of work for clients limits my ability to keep up with the appellate courts.  Thanks for eight great years. read more

T.L. v. Goldberg, which was the subject of a reported Appellate Division opinion where the panel split 2-1 in favor of plaintiffs, reversing the Law Division and awarding plaintiffs a new trial, has now reached the Supreme Court.  The Appellate Division’s ruling was discussed here.  Defendants filed an appeal as of right, based on the dissenting opinion in the Appellate Division. read more

Flanzman v. Jenny Craig, Inc., ___ N.J. Super. ___ (App. Div. 2018).  This opinion by Judge Fasciale today is yet another case arising out of an arbitration clause.  Plaintiff, having been terminated from her employment by defendant, filed an age discrimination complaint under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq.  Defendant filed a motion to compel arbitration.  The Law Division granted that motion.  Plaintiff appealed, and the Appellate Division, applying de novo review since the enforceability of the arbitration clause was a legal issue, reversed in today’s opinion. read more

In April, this blog reported on the nomination of David Porter to the Third Circuit Court of Appeals.  Despite the opposition of one of his home state Senators, Robert Casey, the Senate confirmed Judge Porter, among a group of fifteen judges who cleared the Senate last week.  The vote on him was 50-45.  He joins a court headed by the judge for whom he clerked, Chief Judge Smith.  A warm welcome to Judge Porter. read more

Russo v. Friedrich, 2018 WL ______ (App. Div. Oct. 10, 2018); City of Newark Public Schools v. OPEIU Local 32, 2018 WL _________ (App. Div. Oct. 10, 2018).  It’s a good day when one wins an appeal.  It’s a better day when one’s firm wins two appeals on the same day.  Today is one of those days. read more

The Supreme Court announced today that it has granted review in four more cases.  Three of those are criminal appeals.  The fourth is a tort case relating to a residential landlord’s duty of care. read more

Wright v. Bank of America, N.A., ___ N.J. Super. ___ (App. Div. 2018).  This short opinion by Judge Fisher reversed a decision of the Law Division that dismissed plaintiff’s Complaint under the Truth in Consumer Contract, Warranty, and Notice Act, N.J.S.A. 56:12-14 to -18 (“TCCWNA”).  Plaintiff had alleged that notices of intention to foreclose that were served on him violated the Fair Foreclosure Act, N.J.S.A. 2A;50-53 to -68 (“FFA”), because they did not include the name and address of the lender.  Although no foreclosure was instituted, plaintiff contended that the alleged FFA violations formed the predicate for a TCCWNA claim. read more