Pickett v. Moore’s Lounge, ___ N.J. Super. ___ (App. Div. 2020). This was an insurance coverage case. Plaintiff’s decedent was shot to death at the defendant tavern by another patron following an argument. After settling with other defendants, plaintiff sought payment from the tavern’s liability insurer. The appeal, decided today, focused on a policy exclusion for claims “arising out of any act of ‘assault’ or ‘battery’ committed by any person” and encompassed any claims “arising out of … any act or omission in connection with...

State by Commissioner of Transportation v. St. Mary’s Church Gloucester, ___ N.J. Super. ___ (2020). This appeal was about how to calculate interest on a portion of a just compensation award that resulted from proceedings for condemnation of certain real property owned by the defendant Church. The award exceeded the amount that had been deposited in court, as estimated compensation, prior to the condemnation proceedings, so the question was what interest rate applied to the unposted balance. The Appellate Division’s opinion today, written by Judge DeAlmeida, applied de novo...

Repko v. Our Lady of Lourdes Medical Center, Inc., ___ N.J. Super. ___ (App. Div. 2020). Judge Accurso’s brief opinion in this case today addressed a “question [that] appears to be one of first impression in New Jersey”: whether a decedent’s estate can apply Rule 4:9-3, the “relation back” rule, to a complaint that was not filed until after the plaintiff in the case had already died. The answer was “no.” Judge Accurso rightly observed that “the timeline is everything in this case,” so here it is. In September 2016, Carolyn Repko...