Minsavage v. Board of Trustees, Teachers’ Pension & Annuity Fund, ___ N.J. ___ (2019). This per curiam opinion addressed the question “whether a widow can modify the retirement application of her recently deceased husband, who was a member of the Teachers’ Pension and Annuity Fund (Pension Fund), even though his application was never approved because he selected a retirement option for which he was ultimately ineligible.” The Board had ruled against the widow (“Christine”), the plaintiff here, and the Appellate Division affirmed. The Supreme Court, however, unanimously reversed. read more

The Third Circuit has scheduled the next Third Judicial Conference for May 13-15, 2020 at the Penn’s Landing Hilton in Philadelphia. As discussed here, the Court had previously announced a Spring 2020 Judicial Conference in Philadelphia, but now actual dates and location have been set. read more

The Supreme Court has granted review in five more appeals. One of them involves a question certified to it by the Third Circuit Court of Appeals, one is before the Court on leave to appeal, and the others involve grants of certification. read more

Most Appellate Division oral arguments occur in Trenton, Newark, Morristown, and Hackensack, though in recent years, panels have been sitting regularly in places such as Jersey City, New Brunswick, and Toms River. Periodically, however, the Appellate Division goes on tour to other locations, in order to allow the public in different parts of New Jersey easier access to oral arguments in person. read more

Today marks the ninth anniversary of this blog. As in past years, my thanks go out to all those who read, comment on, cite, forward, or otherwise make use of this blog. That includes judges, attorneys, law professors and students, and laypeople, all of whom I hope have benefited and will continue to benefit from this blog. read more

Sashihara v. Nobel Learning Communities, Inc., ___ N.J. Super. ___ (App. Div. 2019). In this case, M.M. (“Jane”), a child with Down’s Syndrome, was enrolled by her parents at a school operated by defendant. Jane began school there at seven months of age, in an “infant” program. When Jane reached age three, she entered an “Intermediate” level program that did not provide diapering services. Defendant told Jane’s parents that Jane needed to be toilet-trained within a few months in order to remain enrolled. But Jane’s doctor said that, due to Jane’s condition, she would not be able to toilet-train until age five or later. Defendant dis-enrolled Jane when she did not meet defendant’s deadline. read more

The Supreme Court usually adds new appeals in relatively small groups. But its latest tranche of grants of review consists of eight new cases, implicating numerous different area of the law. read more

Since this is an appellate law blog, its “anniversary” posts (as well as all or virtually all others) deal with appellate decisions. Today’s post is an exception, in that it is the anniversary of Garden State Equality v. Dow, 433 N.J. Super. 347 (Law Div. 2013), decided six years ago today. The opinion, authored by Judge Jacobson, is an extremely useful discussion of stays pending appeal, the criteria for such stays, and the relevant prior decisions. read more