Theodore Botter, an Appellate Division judge who was best known for a landmark decision that he issued as a trial judge, died on June 22, according to an obituary published yesterday. Having done his undergraduate work at Ohio State and Brown University, he got his law degree from the Columbia University School of Law in 1949. read more

Investors Bank v. Torres, ___ N.J. ___ (2020). As discussed here, the Appellate Division, in an opinion reported at 457 N.J. Super. 53 (App. Div. 2018), affirmed a summary judgment for plaintiff in this foreclosure action. The Supreme Court granted certification to address the issue phrased as “Can the right to enforce a lost promissory note be transferred to a third party?” Today, in a unanimous opinion by Justice Patterson that applied de novo review, the Court answered “yes” and affirmed the rulings below. read more

Unlike the Supreme Court of the United States, which customarily (though apparently not this year) issues all its opinions for the term by June 30, the Supreme Court of New Jersey continues issuing opinions into the summer months, or even beyond. In the last few days, the Court has issued three opinions. Here are summaries of those opinions: read more

Estate of Campagna v. Pleasant Point Properties, LLC, ___ N.J. Super. ___ (App. Div. 2020). This opinion is a magnum opus by Judge Sabatino. But he well summarized the ruling in the three short paragraphs that began the opinion: read more

State v. Greene, ___ N.J. ___ (2020). Until today, the Supreme Court “has not had occasion to squarely address a prosecutor’s opening statement that detailed evidence of a defendant’s guilt that never materialized because the anticipated witness refused to testify.” So wrote Justice Albin in the Court’s unanimous opinion today. read more

The Supreme Court announced that it has granted certification in five new cases. They include a consumer class action, a parole matter, a criminal appeal, and two insurance-related cases. read more

As discussed here, the Supreme Court recently added due process protections to Governor Murphy’s Executive Order No. 124, which created a mechanism to identify persons held in state prisons or juvenile facilities who might obtain furloughs or parole due to COVID-19. The Appellate Division has announced procedures to expedite appeals from the denial of such relief. Those procedures are available here. read more

Lembo v. Marchese, ___ N.J. ___ (2020). Employees of plaintiff, a dentist, forged endorsements on checks payable to plaintiff’s dental practice and deposited those checks into their own accounts at TD Bank. Plaintiff sued (among others) TD Bank, asserting common law claims of negligence and conversion but not presenting any conversion claims under the Uniform Commercial Code. read more