Haley v. Board of Review, ___ N.J. ___ (2021). Here are the basic facts of this appeal as Justice Solomon summarized them in his opinion for the Court in this case: read more

State v. Williams, ___ N.J. Super. ___ (App. Div. 2021). Defendant was convicted in Municipal Court for violating an ordinance that stated that “No person shall unnecessarily obstruct any . . . street, or public place in the Borough [of Victory Gardens] with any kind of vehicle, boxes, lumber, wood, or any other thing[.]” Defendant had applied black paint over white lines on a paved surface whose status she disputed. The Borough said that surface was a street, while defendant claimed that it was part of her property as a “parking bay.” After a trial de novo in the Law Division, which ended with a ruling against defendant, she appealed to the Appellate Division. Today, that court reversed in an opinion by Judge Moynihan. read more

The Supreme Court announced today that it has granted certification to review the Appellate Division’s decision in State v. Thompson. The question presented, as phrased by the Supreme Court Clerk’s office, is “When does the statute of limitations for a criminal offense begin to run under N.J.S.A. 2C:1-6(c) when DNA testing is used to identify the defendant?” read more

State v. Outland, ___ N.J. ___ (2021). This unanimous ruling was the first opinion authored by Justice Pierre-Louis. It was a robbery case in which defendant, who had a prior criminal record and was at the time of trial serving a 16-year sentence for another robbery, sought to represent himself. At a hearing held three days before the trial date, the trial judge asked him many questions about his knowledge of the substantive and procedural law that applied to his case. Citing defendant’s responses, which evidenced (among other things) his lack of knowledge of the details of or defenses to the charges against of him, the rules of evidence, or even “a rudimentary concept” such as what an admission by a party opponent is, the trial judge found that defendant had not intelligently waived the assistance of counsel. read more

Moyer v. Patenaude & Felix, A.P.C., ___ F.3d ___ (3d Cir. 2021); Klotz v. Celentano Stadtmauer and Walentowicz LLP, ___ F.3d ___ (3d Cir. 2021). These two opinions, both by Judge Porter, came from two different panels, of which Judge Porter was the only common member. But the issues in the two cases were very different. One thing was the same, though: creditors prevailed and debtors lost in both cases. read more

That did not take long. As discussed here, Justice LaVecchia announced on March 8 that she would leave the bench in August. Today, one week later, Governor Murphy announced that he was nominating Rachel Wainer Apter to fill that seat. read more

160 West Broadway Associates, LP v. 1 Memorial Drive, LLC, ___ N.J. Super. ___ (App. Div. 2021). Judge Messano issued this opinion for the Appellate Division today. Though there were other issues and claims against other parties at the trial level, the appeal related only to a claim of successor liability against one defendant, 1 Memorial Drive, LLC (“Memorial”). read more

Delanoy v. Township of Ocean, ___ N.J. ___ (2021). As discussed here, the Appellate Division issued the first opinion regarding the Pregnant Workers Fairness Act, a component of the New Jersey Law Against Discrimination, in this case last year. The case went to the Supreme Court, and today the Court affirmed, as modified, the Appellate Division’s decision, “substantially for the reasons contained in the thoughtful opinion authored by Judge Sabatino.” The ruling was unanimous and was authored by Justice LaVecchia, who just yesterday announced that she will leave the Court in August of this year. read more