New Jersey Division of Child Protection and Permanency v. D.H., ___ N.J. Super. ___ (App. Div. 2021). This case comprised two related appeals. Two biological parents saw their parental rights to their five-year old son terminated by the Family Part under Title 30. The parents had admitted to the recreational use of marijuana. They appealed, contending that the Family Part had improperly held that use of marijuana use against them. Speaking through Judge Sabatino, the Appellate Division held that “a parent’s status as a recreational marijuana user cannot suffice as the sole or...

Diaz v. Reynoso, ___ N.J. Super. ___ (App. Div. 2021). Near the beginning of his opinion for the Appellate Division today, Judge Sabatino succinctly stated the issue in this case: “whether a volunteer who assures police officers at a roadside stop of an apparently inebriated driver that he will take the driver and his car safely to a residence—but thereafter relinquishes the car to the driver before reaching that destination—can be civilly liable as a joint tortfeasor if the driver then collides with and injures another motorist.” On a motion to dismiss for failure to state a...

Delanoy v. Township of Ocean, ___ N.J. ___ (2021). As discussed here, the Appellate Division issued the first opinion regarding the Pregnant Workers Fairness Act, a component of the New Jersey Law Against Discrimination, in this case last year. The case went to the Supreme Court, and today the Court affirmed, as modified, the Appellate Division’s decision, “substantially for the reasons contained in the thoughtful opinion authored by Judge Sabatino.” The ruling was unanimous and was authored by Justice LaVecchia, who just yesterday announced that she will leave the Court in...