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...

Wild v. Carriage Funeral Holdings, Inc., ___ N.J. ___ (2020). In this case, as discussed here, the Appellate Division reversed a trial level decision that had granted dismissal of plaintiff’s claims under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. (“LAD”), at the threshold. Today, in a per curiam opinion, the Supreme Court unanimously affirmed that ruling substantially for the reasons offered by the Appellate Division. The Court stated its agreement with the Appellate Division’s ruling that “there is no conflict” between the...

February 26 was the most recent post on this blog. From then until today, I have had an Appellate Division oral argument, an oral argument on a dispositive motion in the Law Division, and an oral argument in the Supreme Court of New Jersey. Meanwhile, the appellate courts have not been silent. Here is a summary of some of the decisions that have been issued during that window: State v. Shaw, ___ N.J. ___ (2020). This was the Supreme Court’s only decision during this time period. It addressed whether there should be a limit on the number of times that a prosecutor can submit a case to a...