G.C. v. Division of Medical Assistance and Health Services, ___ N.J. Super. ___ (App. Div. 2020). Appellate review of an administrative agency regulation “begins with a presumption that the [Regulation is] both valid and reasonable.” Few challenges to such regulations can surmount that hurdle. Today, however, in an opinion by Judge Messano, the Appellate Division found grounds to invalidate an administrative regulation. The case involved a regulation promulgated by the Division of Medical Assistance and Health Services (“the Division”) of the New Jersey Department of...

The Supreme Court announced that it has granted review in four more cases. One of those matters, State v. Lodzinski, a murder case, has received substantial publicity during its lengthy life. In that case, the question presented, as phrased by the Supreme Court Clerk’s office, is “Was it reversable error to remove and replace a juror who conducted outside research and was there sufficient evidence in the record to support defendant’s murder conviction?” A three-judge Appellate Division panel, in an unpublished opinion, rejected defendant’s arguments and affirmed her...

The Supreme Court announced that it will review two more cases. One of them is before the Court as of right, by virtue of a dissent in the Appellate Division. In the other case, the Court granted certification. Allen v. Cape May County produced a 2-1 split in the Appellate Division. The Law Division granted summary judgment to defendants, but the Appellate Division reversed in an unpublished opinion. Judge Accurso filed a lengthy dissent, which permitted defendants to appeal to the Supreme Court as of right. The question presented, as phrased by the Supreme Court Clerk’s office, is...