City Clerk Did Not Comply With Faulkner Act, But That Did Not Constitute a Violation of the New Jersey Civil Rights Act

Bruce GreenbergMay 30, 2013

Tags:Administrative agency actions Judge Jerome St. John

Three New Appeals for the Supreme Court

The Supreme Court announced that it has granted certification in three new appeals. All are from unpublished opinions of the Appellate Division....

"Written Agreement" Versus "Written Arrangement" Under the Franchise Practices Act

N.A.R., Inc. v. Eastern Outdoor Furnishings A/K/A JC Partners, LLC, ___ N.J. Super. ___ (App. Div. 2025). This opinion by Judge Sabatino is an example of a party that "won the battle but lost the war." Defendant/third-party plaintiff Eastern Outdoor Furnishings ("Eastern Outdoor") asserted that third-party defendant AMD Direct, Inc. ("AMD") violated the New Jersey Franchise Practices Act, N.J.S.A. 56:10-1 et seq. ("NJFPA"), in terminating Eastern Outdoor's alleged franchise to sell AMD's products. The Law Division granted summary judgment to AMD, holding that there was no written agreement that established a franchise relationship....

Self- Defense is a Complete Defense to All Types of Homicide

State v. Martinez, ___ N.J. Super. ___ (App. Div. 2025). This appeal arose out of an inconsistent verdict by a jury that considered charges of murder, passion/provocation manslaughter, weapons charges, and other crimes not the subject of this published opinion by Judge Jacobs (other counts were addressed in the longer, unpublished version of this opinion). The jury had been charged as follows regarding self-defense:...

The Supreme Court Says That Buck v. Henry Meant What It Said

Wiggins v. Hackensack Meridian Health, ___ N.J. ___ (2025). This medical malpractice wrongful death appeal arose under the Affidavit of Merit ("AOM") statute, N.J.S.A. 2A:53A-26 et seq., and the Patients First Act, N.J.S.A. 2A:53A-41. Those statutes, whose history Justice Fasciale laid out in detail, require, in short, that a malpractice plaintiff provide an affidavit of merit from an expert who specializes in the same "specialty or subspecialty" as the defendant doctor if that doctor has a specialty....