Zahl v. Eastland, ___ N.J. Super. ___ (App. Div. 2020). [Disclosure: I have represented the defendants in this matter.] Judge Messano’s opinion for the Appellate Division in this case today is the second time that this case came before the Appellate Division. As discussed here, the prior opinion reversed a seven-figure default judgment against defendants, a Mississippi attorney and his law firm, and remanded the case for further proceedings, including as to whether New Jersey state courts had personal jurisdiction over any of the defendants. Today’s opinion addresses an important...

State v. Faber, ___ N.J. Super. ___ (App. Div. 2020). As discussed here, last month, the Appellate Division affirmed defendant’s Municipal Court convictions but remanded for correction of his sentence. The panel cited two matters that the Law Division had overlooked in sentencing. One of those was a statutory requirement that defendant install an ignition interlock in his vehicle. Today, however, the panel issued an opinion that “revises and replaces” the prior ruling. Judge Fuentes explained the reason for that. “After the opinion was published, the State filed a...

Narleski v. Gomes, ___ N.J. ___ (2020). Near the beginning of his opinion for a unanimous Supreme Court in this case, Justice Albin summarized the issue: “Under our statutes and case law, a social host over the age of twenty-one has a duty not to serve alcohol to a visibly intoxicated guest, either an adult or a minor,if it is reasonably foreseeable the guest is about to drive. This case presents a variation on that theme. Does a young adult, over the age of eighteen but under the age of twenty-one –an adult under the lawful drinking age –have a duty not to facilitate the...