Zahl v. Eastland, ___ N.J. Super. ___ (App. Div. 2020). [Disclosure: I have represented the defendants in this matter.] Judge Messano’s opinion for the Appellate Division in this case today is the second time that this case came before the Appellate Division. As discussed here, the prior opinion reversed a seven-figure default judgment against defendants, a Mississippi attorney and his law firm, and remanded the case for further proceedings, including as to whether New Jersey state courts had personal jurisdiction over any of the defendants. Today’s opinion addresses an important...

Edison Bd. of Educ. v. Edison Tp. Bd. of Adj., ___ N.J. Super. ___ (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...

Chief Justice Rabner has issued the General Assignment Order for 2020-21, which is available here. Judge Ostrer has replaced Judge Koblitz, who will be retiring, as Presiding Judge of Part C. The other Presiding Judges, who include Judges Sabatino, Fasciale, Alvarez, Messano, Fisher, Yannotti, and Fuentes, remain in place. Judge Messano continues as Presiding Judge for Administration, as does Judge Sabatino as Deputy Presiding Judge for Administration. The eight panels have been rejiggered, as is the case every year. Parts E and F list “TEMPORARY ASSIGNEE” as their fourth member....