Balducci v. Cige, ___ N.J. ___ (2020). In this case, as discussed here, the Appellate Division invalidated a retainer agreement in an opinion reported at 456 N.J. Super. 219 (App. Div. 2018). The panel also made some broad statements about how attorneys should conduct themselves in connection with retainer agreements in contingent fee matters, such as the Law Against Discrimination, N.J.S.A. 10:5-2 et seq. (“LAD”), which was at issue in the underlying action. Today, the Supreme Court, having granted certification and received amicus briefs from three Bar associations on the...

The Supreme Court announced today that it has granted certification in three cases. All are criminal appeals, one of which involved a published opinion of the Appellate Division. State v. Williams, where the Appellate Division published an opinion that is reported at 461 N.J. Super. 1 (App. Div. 2019), presents the following question, as phrased by the Supreme Court Clerk’s office: “Does a resident of a rooming or boarding house have a reasonable expectation of privacy in areas beyond his or her bedroom door, e.g., in common areas?” The three-judge Appellate Division panel...

Shields v. Ramslee Motors, ___ N.J. ___ (2020). The Supreme Court always seems to have a snow and ice removal case on its docket. The latest one resulted in an opinion by Justice Fernandez-Vina. All other Justices joined that opinion, except that Justice Albin concurred in part and dissented in part. Plaintiff, a Federal Express driver, was delivering a letter at the property owned by defendant 608 Tonnelle Avenue, LLC and leased to defendant Ramslee Motors. Plaintiff slipped and fell on ice on the property’s driveway. He sued both the landlord and the tenant, Ramslee, for his...