Schwartz v. Menas, ___ N.J. ___ (2022). [Disclosure: I argued this case for the successful plaintiffs, having handled the appeal along with co-counsel, Giovanni DePierro of DePierro Radding]. In 1936, the Court of Errors and Appeals decided Weiss v. Revenue Building & Loan Ass’n, 116 N.J.L. 208 (E. & A. 1936). That case held that a new business could never claim lost profits as an element of damages in a lawsuit and established in New Jersey what has been called the “new business rule.” Though the Appellate Division had severely and repeatedly criticized that...

Today, Chief Justice Rabner issued the 2022-2023 General Assignment Order. From an appellate perspective, the headline news is that Judges Fisher, Sabatino, and Fasciale have been temporarily assigned to the Supreme Court effective September 1. The Chief Justice issued an order to that effect today as well, as discussed here. With that having occurred, the lineup of Presiding Judges of Parts of the Appellate Division has changed significantly, as all three judges assigned to the Supreme Court had been Presiding Judges of their respective Parts. Judges Gibbons Whipple (Part A), Currier (Part...

The Supreme Court has been functioning for months with four Justices, plus Judge Fuentes on temporary assignment. Judge Fuentes is due to retire on September 1. At that time, the Court will lack a quorum, as Article VI, section 2, paragraph 1 provides that five members of the Court shall constitute a quorum. As a result, Chief Justice Rabner today issued an order temporarily assigning Judges Fisher, Sabatino, and Fasciale to the Supreme Court, effective September 1. (Judge Messano, the Chief Judge of the Appellate Division, waived this temporary assignment, according to the order). That...