S.L.W. v. New Jersey Div. of Pensions & Benefits, ___ N.J. ___ (2019). The statute governing the police and firemen’s retirement system (“PFRS”) makes children and widowed spouses of police and firefighters who die after retirement eligible to receive survivor benefits. In this case, an adult woman with disabilities, S.L.W., sought to obtain such benefits after her father, a career law enforcement officer, died in retirement. The issue in Justice Timpone’s decision in this case today was whether S.L.W. qualified as a “child” under the statute. The...

On most days, the Appellate Division issues a significant number of opinions. But on many of those days, there are no published opinions among them, or only one or two such opinions. Yesterday, however, the Appellate Division issued four published opinions, more than on any other day in recent memory. Here are summaries of those decisions: Branch v. Cream-O-Land Dairy, ___ N.J. Super. ___ (App. Div. 2019). In this class action case under the Wage and Hour Law, N.J.S.A. 34:11-56a to -56a38, the Appellate Division reversed a summary judgment that the Law Division had granted to the defendant...

Certain Underwriters at Lloyds Subscribing to Policy PLH-0013397 v. Public Service Electric and Gas, ___ N.J. Super. ___ (App. Div. 2019). Judge Fisher’s opinion in this appeal today was barely longer than the title and the caption of this case. The issue was whether, “when a defendant’s negligence has caused a homeowner to be displaced … whether [the] homeowner’s damages are limited to the cost of alternate shelter or whether the homeowner may also seek additional damages based on a broader concept of inconvenience.” The case arose out of a winter storm...