Bandler v. Landry’s, Inc., ___ N.J. Super. ___ (App. Div. 2020). Plaintiff, a competitive poker player, saw an advertisement for a “Grand Poker Series” tournament to be held at the Golden Nugget casino in Atlantic City. Plaintiff alleged that the ad promised $150,000 in prize money. from twelve “one day tournaments” to be held over the course of ten days. The ad did not state whether that prize money was guaranteed, but it did say, in small print at the bottom, that “Management reserves all rights to change or cancel at any time.” read more

Edison Bd. of Educ. v. Edison Tp. Bd. of Adj., ___ N.J. ___ (2020). This opinion by Judge Messano today affirmed a Law Division ruing that the Edison Board of Education (BOE”), which had filed an action in lieu of prerogative writ to challenge development approvals granted by the defendant Board of Adjustment, lacked standing to do so. The Appellate Division also rebuffed a BOE argument under the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. (“OPMA”), affirming the Law Division on that issue, too (though on different grounds). Both issues implicated de novo review. read more

Bank Leumi U.S. v. Kloss, ___ N.J. ___ (2020). As discussed here, this was a case involving a certified question from the Third Circuit Court of Appeals, and for the second time in the last month, Justice Fernandez-Vina wrote the Court’s opinion. read more

On July 16, the New Jersey Republican State Committee and other plaintiffs filed suit against Governor Murphy in the Law Division, Mercer County. The lawsuit asserts that the New Jersey COVID-19 Emergency Bond Act, which was adopted by both Houses of the Legislature and (after this suit was filed seeking to enjoin Governor Murphy from signing the legislation) signed by Governor Murphy, is unconstitutional as violative of the Debt Limitation Clause of the New Jersey Constitution, article VIII, section II, paragraph 3(b), and the Supreme Court’s decision in Lance v. McGreevey, 180 N.J. 590 (2004). read more

The Supreme Court announced today that it has granted review in two new cases. In one case, the Court granted certification. In the other, there was a dissent in the Appellate Division, but the Supreme Court also granted certification. Each case results from an unpublished opinion of a three-judge Appellate division panel. read more

Arafa v. Health Express Corp., ___ N.J. ___ (2020). Justice Fernandez-Vina’s opinion today actually involved two consolidated cases, both of which were putative class actions. The issue was whether a contract that the Federal Arbitration Act, 9 U.S.C. 1 et seq. (“FAA”), exempts from its own coverage, can or must be covered by the New Jersey Arbitration Act, N.J.S.A. 2A:23B-1 et seq. (“NJAA”). As discussed here, two different Appellate Division panels reached opposing results. Today, the Supreme Court held that the NJAA applies in the circumstances of these cases. read more

Baskin v. Martinez, ___ N.J. ___ (2020). This Civil Rights Act case involved what Justice Albin, writing for the four-Justice majority, labeled a claim that “a justifiable police chase ended in an unjustifiable police shooting– the use of excessive force in violation of the Federal Constitution. The question was whether Detective Martinez, who shot plaintiff Baskin,was entitled to qualified immunity. read more

West Pleasant-CPGT, Inc. v. U.S. Home Corp., ___ N.J. ___ (2020). [Disclosure: I represented the successful defendant in this appeal]. This unanimous decision by Justice LaVecchia today addressed an equitable remedy that lower courts have made available to foreclosure debtors in cases where a creditor has pursued a deficiency action in addition to acquiring the foreclosed property: the fair market value credit. As Justice LaVecchia carefully explained, the “fair market value credit has a role in preventing windfalls to creditors when a creditor forecloses on property and pursues a deficiency claim. A defensive claim for fair market value credit may be invoked to prevent a creditor from recovering more than the debt permitted” (emphasis by Justice LaVecchia). read more