Late last week, the Supreme Court granted certification in Goldfarb v. Solimine. The opinion of the Appellate Division, reported at 460 N.J. Super. 22 (App. Div. 2019), was discussed here. The question presented, as phrased by the Supreme Court Clerk’s office, is “Among other issues, is plaintiff’s promissory estoppel claim barred because there was no written contract to provide services as an investment adviser?” The Appellate Division upheld a jury verdict for plaintiff as to liability but remanded for a new trial on damages, before a different judge, due to what the Appellate Division held was “judge-shopping.” Now the Supreme Court will address the matter. read more

On this date in 1993, the Supreme Court decided In re Peterman, 134 N.J. 201 (1993). [Disclosure: I was a member of the Supreme Court Committee on Character for fifteen years, including during 1993, but I had no involvement with this case. I currently represent Bar applicants in connection with Committee on Character applications and proceedings.] The Court voted 5-2 to affirm the Committee on Character’s recommendation to admit this candidate to the New Jersey Bar. read more

The Supreme Court announced this afternoon that it has granted review in three more cases. Each involves a grant of certification. read more

Miller v. State Operated School District of the City of Newark, ___ N.J. ___ (2019). Today, in a per curiam opinion, the Supreme Court affirmed, by a 5-2 vote, the Appellate Division’s previously unpublished decision in this matter on the opinion below. That opinion, written by Judge Vernoia, was also approved for publication and appears at ___ N.J. Super. ___ (App. Div. 2019). Justices LaVecchia and Patterson were the dissenters. read more

Minsavage v. Board of Trustees, Teachers’ Pension & Annuity Fund, ___ N.J. ___ (2019). This per curiam opinion addressed the question “whether a widow can modify the retirement application of her recently deceased husband, who was a member of the Teachers’ Pension and Annuity Fund (Pension Fund), even though his application was never approved because he selected a retirement option for which he was ultimately ineligible.” The Board had ruled against the widow (“Christine”), the plaintiff here, and the Appellate Division affirmed. The Supreme Court, however, unanimously reversed. read more

The Third Circuit has scheduled the next Third Judicial Conference for May 13-15, 2020 at the Penn’s Landing Hilton in Philadelphia. As discussed here, the Court had previously announced a Spring 2020 Judicial Conference in Philadelphia, but now actual dates and location have been set. read more

The Supreme Court has granted review in five more appeals. One of them involves a question certified to it by the Third Circuit Court of Appeals, one is before the Court on leave to appeal, and the others involve grants of certification. read more

Most Appellate Division oral arguments occur in Trenton, Newark, Morristown, and Hackensack, though in recent years, panels have been sitting regularly in places such as Jersey City, New Brunswick, and Toms River. Periodically, however, the Appellate Division goes on tour to other locations, in order to allow the public in different parts of New Jersey easier access to oral arguments in person. read more