State v. Anderson, ___ N.J. Super. ___ (App. Div. 2020). Defendant, formerly employed by the Jersey City Tax Assessor’s office, pled guilty to a federal criminal charge of interference with commerce by extortion under color of official right for accepting a $300 bribe to alter the description of a two-unit dwelling to a three-unit dwelling. After that plea, the State filed suit seeking, among other things, the complete forfeiture of defendant’s pension and related retirement benefits. N.J.S.A. 43:1-3.1 mandated pension forfeiture upon a conviction such as that here. read more

As stated here, oral arguments in the Appellate Division through April 2 will be conducted telephonically. Parts A, C, D, and G are the Parts that have oral arguments scheduled for next week. read more

The Third Circuit announced today that the James A. Byrne Courthouse in Philadelphia, where the Third Circuit, usually sits, will be closed until Monday, March 30, when it is scheduled to reopen. This is being done to protect the public, since two attorneys who appeared in court in the past two weeks in the courthouse, which also serves the United States District Court for the Eastern District of Pennsylvania, “are currently displaying symptoms consistent with COVID-19.” read more

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Chief Justice Rabner announced the temporary assignment of two judges to the Appellate Division. The two judges, Katie Gummer and Morris Smith, will begin their temporary assignments on September 1, 2020. read more

As stated here, all Appellate Division oral arguments through March 27 will be conducted telephonically rather than in person. There is no indication yet as to whether that will continue past March 27. read more

G.C. v. Division of Medical Assistance and Health Services, ___ N.J. Super. ___ (App. Div. 2020). Appellate review of an administrative agency regulation “begins with a presumption that the [Regulation is] both valid and reasonable.” Few challenges to such regulations can surmount that hurdle. Today, however, in an opinion by Judge Messano, the Appellate Division found grounds to invalidate an administrative regulation. read more

The Third Circuit announced today that it “is open for business and will fulfill its constitutional and statutory obligations and responsibilities.” Oral arguments will continue as scheduled, but merits panels “will determine the manner of argument.” Parties may file a motion requesting to appear by audio conference.” read more