Libertarians for Transparent Government v. Cumberland County, ___ N.J. Super. ___ (App. Div. 2020). Judge Accurso issued this opinion for the Appellate Division today, the first published opinion in a civil case of this new Term. It arose under the Open Public Records Act, N.J.S.A. 47:1A-1 et Seettlement seq., a statute doubtless familiar to readers of this blog. Judge Accurso well encapsulated the issue and the panel’s resolution of it in the first two sentences of her opinion: “The central issue on this appeal is whether a settlement agreement between defendant Cumberland...

State v. Faber, ___ N.J. Super. ___ (App. Div. 2020). Today’s opinion by Judge Fuentes in this case, which originated in Municipal Court and then went to the Law Division, makes an important point: the Appellate Division reviews not the ruling of the Municipal Court, but that of the Law Division, which engages in de novo review of the Municipal Court. As a result, defendant’s conviction on DWI, reckless driving, and failure to maintain lanes was affirmed, though the sentence required correction. The Municipal Court, in finding defendant guilty, imposed fines and penalties, as...

Pickett v. Moore’s Lounge, ___ N.J. Super. ___ (App. Div. 2020). This was an insurance coverage case. Plaintiff’s decedent was shot to death at the defendant tavern by another patron following an argument. After settling with other defendants, plaintiff sought payment from the tavern’s liability insurer. The appeal, decided today, focused on a policy exclusion for claims “arising out of any act of ‘assault’ or ‘battery’ committed by any person” and encompassed any claims “arising out of … any act or omission in connection with...