Township of Manalapan v. Gentile, ___ N.J. ___ (2020). Justice Solomon wrote this opinion, issued today, for a unanimous Court. The question was whether, in this condemnation case, the Law Division erred in allowing the jury to hear testimony that the subject property’s highest and best use would require a variance without first having decided whether it was reasonably probable that the necessary variance would be granted. This issue was not new to the Court. In Borough of Saddle River v. 66 East Allendale, LLC, 216 N.J. 115 (2013), the defendant property owner had argued the highest...

Sanchez v. Fitness Factory Edgewater, LLC, ___ N.J. ___ (2020). In Mellet v. Aquasid, LLC, 453 N.J. Super. 23 (App. Div. 2017), the Appellate Division ruled that the Retail Installment Sales Act, N.J.S.A. 17:16C-1 to -61 (“RISA”), does not apply to health club or gym membership contracts. Mellet relied on the Supreme Court’s ruling in Perez v. Rent-A-Center, Inc., 186 N.J. 188 (2006), which involved rent-to-own contracts. The Supreme Court did not review Mellet. Today, the Court addressed the question of whether an “initiation fee” imposed by the defendant gym...

United States v. Lacerda, ___ F.3d ___ (3d Cir. 2020). This lengthy opinion by Judge Porter affirmed a jury verdict convicting several defendants of mail fraud and wire fraud. Defendants made a number of arguments, none of which persuaded the panel to overturn the convictions or the sentences imposed. One issue addressed in the opinion, involving “overview testimony,” which is testimony by a witness early in the case to “try to connect the dots and convey the big picture to the jury in complex prosecutions,” similar to summary testimony offered late in a trial, is...