The Supreme Court announced that it will review two new cases.  One is at the Court as of right, due to a dissent in the Appellate Division.  The Court granted certification in the other.

The appeal as of right is Green v. Monmouth University.  The Appellate Division’s decision was discussed here.  The Appellate Division, with Judge Fisher dissenting, affirmed summary judgment for the University in a Charitable Immunity Act case.  The question presented at the Supreme Court, as phrased by the Supreme Court Clerk

Spade v. Select Comfort Corp., ___ N.J. ___ (2018).  [Disclosure:  My partner Susana Cruz Hodge and I submitted an amicus curiae brief in support of the plaintiffs in this case, on behalf of the Consumers League of New Jersey].  This closely-watched case (actually, two consolidated cases) wa

Unsuccessful litigants sometimes try to persuade appellate courts to reconsider and amend or reverse their decisions.  Rarely does that succeed.  On this day in 1972, however, the Supreme Court, acting on new information provided not by a losing party, but by intervenors who joined the case after the Court’s initial decision, amended its original judgment in favor of the intervenors.

The case was Affiliated Distillers Brands Corp. v. Sills, 60 N.J. 342 (1972).   There, in a prior opinion reported at 56 N.J. 251 (1969), the Court had ruled that a “grandfather c