In re Russo, Jr., ___ N.J. ___ (2020). As Chief Justice Rabner recounted in his opinion for a unanimous Supreme Court yesterday, Judge John F. Russo, Jr., has been an attorney since 1997. After clerking in the Superior Court, he entered private practice. He then served as an Administrative Law Judge for six years before being appointed to the Superior Court in December 2015. In January and April 2016, he received the training that new Family Part judges all receive, as well as training related to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq. Nonetheless, in May 2016, at...

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...

Yesterday, in an Order authored by Judge Natali, for himself and Judge Messano, the Appellate Division overturned a preliminary injunction against operation of the New Jersey Medical Aid in Dying for the Terminally Ill Act. The Appellate Division’s Order, which was thereafter affirmed by the Supreme Court, is available here. The Appellate Division elaborated on the standard for preliminary injunctive relief that was stated in Crowe v. DeGioia, 90 N.J. 126 (1982). The panel applied the abuse of discretion standard and concluded that the Law Division had abused its discretion in...