S.L.W. v. New Jersey Div. of Pensions & Benefits, ___ N.J. ___ (2019). The statute governing the police and firemen’s retirement system (“PFRS”) makes children and widowed spouses of police and firefighters who die after retirement eligible to receive survivor benefits. In this case, an adult woman with disabilities, S.L.W., sought to obtain such benefits after her father, a career law enforcement officer, died in retirement. The issue in Justice Timpone’s decision in this case today was whether S.L.W. qualified as a “child” under the statute. read more

Forty years ago today, the Supreme Court decided State v. Celmer, 80 N.J. 405 (1979), a case that arose out of he conviction of defendant on charges of DWI, speeding, and disregarding a traffic signal. The offenses took place in Ocean Grove, New Jersey, a town that had been founded by members of what was then known as the Methodist Episcopal Church. By state statute, the Ocean Grove Camp Meeting Association, an organization of those Methodists, retained title to all land, streets, and other public places in Ocean Grove, and the Association had police powers normally given only to municipalities. One of those powers was to constitute the Municipal Court in which defendant was convicted. read more

On most days, the Appellate Division issues a significant number of opinions. But on many of those days, there are no published opinions among them, or only one or two such opinions. Yesterday, however, the Appellate Division issued four published opinions, more than on any other day in recent memory. Here are summaries of those decisions: read more

Certain Underwriters at Lloyds Subscribing to Policy PLH-0013397 v. Public Service Electric and Gas, ___ N.J. Super. ___ (App. Div. 2019). Judge Fisher’s opinion in this appeal today was barely longer than the title and the caption of this case. The issue was whether, “when a defendant’s negligence has caused a homeowner to be displaced … whether [the] homeowner’s damages are limited to the cost of alternate shelter or whether the homeowner may also seek additional damages based on a broader concept of inconvenience.” read more

In re Corbo, ___ N.J. ___ (2019). Justice Fernandez-Vina’s opinion for a 6-0 Supreme Court today (Justice Timpone did not participate) is unusual in that it addresses not the substantive issues involved, but the remedy imposed. The Civil Service Commission had issued a final agency decision removing Officer Corey Corbo from the Union City Police Department because he had ingested cocaine. Corbo appealed, and the Appellate Division reversed on the ground that there was “no competent evidence” to support removing Officer Corbo. But the panel did not remand the matter to allow consideration of whether hospital records that might have justified a different result were admissible. The Supreme Court granted review, as discussed here. read more

The Supreme Court announced that it has granted review in three more cases. Each one came to the Court in a different way. read more

T.L. v. Goldberg, ___ N.J. ___ (2019). The issue in this medical malpractice case was whether plaintiff was entitled to a new trial because defendant, without objection by plaintiff, offered trial testimony that was inconsistent with his discovery responses. That issue produced a 2-1 split in the Appellate Division, whose ruling was reported at 453 N.J. Super. 539 (App. Div. 2018). As discussed here, the majority ordered a new trial, finding that the situation here paralleled that of McKenney v. Jersey City Med. Center, 167 N.J. 359 (2001). Judge Currier dissented. read more

Paladino v. Auletta Enterprises, Inc., ___ N.J. Super. ___ (App. Div. 2019). The work product privilege, or “work product doctrine,” as it is also sometimes labeled, was first recognized by the Supreme Court of the United States in 1947, and by New Jersey in 1948. Judge Gilson’s opinion in this appeal contains a detailed history of the work product privilege, which is now embodied in Rule 4:10-2(c). read more