State v. Thompson, ___ N.J. Super. ___ (App. Div. 2020). Judge Fisher, in this ruling issued today in a DWI case, “readily acknowledge[d] this opinion expresses nothing new.” One might wonder, then, why the opinion was designated for publication. Rule 1:36-2(d) provides a number of “guidelines” under which opinions “shall be published.” Several of those guidelines relate, in one way or another, to whether an opinion (to paraphrase Judge Fisher) “expresses something new.” But Judge Fisher explained that today’s opinion was being published...

McKeown v. American Golf Club, ___ N.J. Super. ___ (App. Div. 2020). Plaintiff McKeown was playing golf with defendant Robinson and his son-in-law, defendant Capavanni, and a fourth golfer, at Beaver Brook Country Club, which was operated by defendant American Golf Club (“AGC”). McKeown and Capavanni each rented golf carts. At some point, Robinson, who is from Scotland, where golf carts are not commonly used, drove Capavanni’s cart. That cart pinned McKeown between his own cart and the cart driven by Robinson, badly injuring McKeown. Robinson asserted that a rangefinder,...

Pathri v. Kakarlamath, ___ N.J. Super. ___ (App. Div. 2020). This was a matrimonial matter. Both spouses came to the United States from India. Shortly after plaintiff filed this suit for divorce, he moved back to India. Shortly before trial, plaintiff sought the right to testify from India by contemporaneous video transmission, because he was unable to get a visa to come to the United States to testify in person. The Family Part denied the motion because it would inhibit the judge’s ability to assess plaintiff’s credibility. Plaintiff sought and was granted leave to appeal, and...