The Supreme Court announced that it will review two new cases.  One is at the Court as of right, due to a dissent in the Appellate Division.  The Court granted certification in the other.

The appeal as of right is Green v. Monmouth University.  The Appellate Division’s decision was discussed here.  The Appellate Division, with Judge Fisher dissenting, affirmed summary judgment for the University in a Charitable Immunity Act case.  The question presented at the Supreme Court, as phrased by the Supreme Court Clerk

New Jersey Department of Children & Families v. E.L., ___ N.J. Super. ___ (App. Div. 2018).  Courts often give public entity parties more leeway in complying with rules, court orders, and the like than private parties are given.  Sometimes Court Rules themselves give preference to public agencies, as is so, for example, of Rule 2:9-6(b), which exempts the State, its political subdivisions, and “any of their respective officers or agencies” fro

All the Way Towing, LLC v. Bucks County International, Inc., ___ N.J. Super. ___ (App. Div. 2018).  Today’s opinion by Judge Fisher reaffirms a fundamental principle: on summary judgment, a court must view the facts most favorably to the opponent of the motion.  The panel in this case found that the Law Division failed to do that here.  Accordingly, the decision below, which had granted the defense’s motion for summary judgment, was reversed.  But