27-35 Jackson Avenue, LLC v. Samsung Fire & Marine Ins. Co., Ltd., ___ N.J. Super. ___ (App. Div. 2021). This opinion, issued today and authored by Judge Messano, is the first published Appellate Division of the new Term. It arose from unusual circumstances. Plaintiff owned a commercial building in which the United States General Services Administration (“GSA”) was a tenant. “For no apparent reason,” a sprinkler head in the building discharged water, in such amounts that that floor and the one below were damaged. Due to that occurrence, the GSA terminated its...

August is often a busy month for the Supreme Court, as the Justices count down to the new Term by deciding most if not all of the remaining cases from the current Term. This year is no exception. So far, the Court has issued an opinion every weekday (except Fridays, when customarily no opinions of the Court are released) in the first two weeks of August. Here is a rundown of the Court’s August rulings to date: Pritchett v. State, ___ N.J. ___ (2021). This unanimous opinion by Justice LaVecchia yesterday affirmed, as modified, an Appellate Division decision that largely upheld a...

New Jersey Division of Child Protection and Permanency v. D.H., ___ N.J. Super. ___ (App. Div. 2021). This case comprised two related appeals. Two biological parents saw their parental rights to their five-year old son terminated by the Family Part under Title 30. The parents had admitted to the recreational use of marijuana. They appealed, contending that the Family Part had improperly held that use of marijuana use against them. Speaking through Judge Sabatino, the Appellate Division held that “a parent’s status as a recreational marijuana user cannot suffice as the sole or...