State v. Anderson, ___ N.J. Super. ___ (App. Div. 2020). Defendant, formerly employed by the Jersey City Tax Assessor’s office, pled guilty to a federal criminal charge of interference with commerce by extortion under color of official right for accepting a $300 bribe to alter the description of a two-unit dwelling to a three-unit dwelling. After that plea, the State filed suit seeking, among other things, the complete forfeiture of defendant’s pension and related retirement benefits. N.J.S.A. 43:1-3.1 mandated pension forfeiture upon a conviction such as that here. Proceeding...

Chartis Property Casualty Co. v. Inganamort, ___ F.3d ___ (3d Cir. 2020). Yesterday, the Third Circuit issued its first published opinion in nearly two weeks. The ruling, authored by Judge Jordan, involved the question of whether defendants were entitled to coverage under their all-risk insurance policy with plaintiff when defendants’ 65-foot fishing vessel sank “enough to sustain serious damage.” The plaintiff insurer filed a declaratory judgment action seeking a ruling that there was no coverage. On cross-motions for summary judgment, the District Court ruled for the...

G.C. v. Division of Medical Assistance and Health Services, ___ N.J. Super. ___ (App. Div. 2020). Appellate review of an administrative agency regulation “begins with a presumption that the [Regulation is] both valid and reasonable.” Few challenges to such regulations can surmount that hurdle. Today, however, in an opinion by Judge Messano, the Appellate Division found grounds to invalidate an administrative regulation. The case involved a regulation promulgated by the Division of Medical Assistance and Health Services (“the Division”) of the New Jersey Department of...