The Supreme Court announced today that it has granted review in five more cases. In four of those matters, the Court granted certification. The fifth case will be before the Court as a result of a motion for leave to appeal. read more

The United States Senate this week confirmed Peter Phipps, who currently sits as a District Judge in the United States District Court for the Western District of Pennsylvania, for a seat on the Third Circuit. The vote was 56-40, with three Democrats joining all Republican Senators in voting in favor. Judge Phipps now takes the seat that became vacant when Judge Vanaskie retired. read more

L.R. v. Camden City Public School Dist., ___ N.J. ___ (2019). A relative rarity for our Supreme Court occurred in this case today: the decision of the Appellate Division was affirmed by an equally divided Court. Only six Justices sat because Justice Fernandez-Vina did not participate. read more

Cameron v. South Jersey Pubs, Inc., ___ N.J. Super. ___ (App. Div. 2019). As discussed here, in Dugan v. TGI Friday’s, Inc., 231 N.J. 24 (2017), the Supreme Court rendered a split decision on class certification in two consolidated consumer action cases involving drink prices at TGI Friday’s restaurants. Those cases sought damage classes under Rule 4:32-1(b)(3). [Disclosure: My partner Susana Cruz Hodge and I filed an amicus brief in the Dugan cases on behalf of the Consumers League of New Jersey]. read more

In a development foreshadowed by yesterday’s issuance of the 2019-2020 General Assignment Order, the Supreme Court today published two orders dated July 8 that appoint Judges Ronald Susswein and Catherine Enright to the Appellate Division, effective as of August 1, 2019. read more

Holtham v. Lucas, ___ N.J. Super. ___ (App. Div. 2019). As Judge Ostrer noted in the first sentence of his opinion in this case today, “[a]ccording to well-settled contract law, a provision that stipulates an unreasonably large amount of damages for a future breach is an unenforceable penalty.” The parties to this matrimonial case entered into a marital settlement agreement that contained a “per diem penalty of $150” for any breach of any duty under that agreement. When plaintiff failed to timely pay off a loan on a car that was to be distributed to his (ex-)wife and to tender title to the vehicle to her, he challenged the per diem provision, asserting that it was an invalid penalty. read more

F.K. v. Integrity House, Inc., ___ N.J. Super. ___ (App. Div. 2019). This charitable immunity case centered on how much in charitable contributions (as opposed to, say, government support) defendant received. In order to satisfy the three-pronged test for charitable immunity, the second prong of which (the only one at issue on this appeal) requires that an entity be “organized exclusively for religious, charitable or educational purposes,” it was necessary for defendant, a drug treatment facility, to show a charitable purpose. To do that, the percentage of its funds that came from charitable contributions became relevant. read more

Chief Justice Rabner has issued the general Assignment Order for 2019-2020. It is available here. read more