Delanoy v. Township of Ocean, ___ N..J. Super. ___ (App. Div. 2020). The first New Jersey state court published opinion of 2020 goes to Judge Sabatino. The case arose under the Pregnant Workers Fairness Act (“PWFA”), a 2014 amendment to the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12(s). Judge Sabatino observed that the statute “ha[d] yet to be construed in a published opinion” before the Appellate Division’s decision here. As Judge Sabatino summarized it (though he of course followed up with more detail), the PWFA “obligates employers, subject...

State v. Pimentel, ___ N.J. Super. ___ (App. Div. 2019). N.J.S.A. 2C:40-26 prohibits driving with a license suspended due to a second or subsequent conviction for driving while intoxicated. The statute imposes a mandatory minimum term of imprisonment of 180 days. Defendant in this appeal attacked the statute as imposing an unconstitutional cruel and unusual punishment, and as violating his rights to due process and equal protection. Writing for the Appellate Division, and applying the de novo standard of review to the legal issues raised, Judge Sabatino rejected those arguments and affirmed...

Jardim v. Overley, ___ N.J. Super. ___ (App. Div. 2019). This opinion yesterday, by Judge Sabatino, applied a venerable doctrine in a new context. As Judge Sabatino put it, the issue was “the application of traditional constitutional principles of personal jurisdiction and due process in the context of a retail sale contract made over the Internet.” Defendant, a California citizen, had advertised, on a website that features thousands of ads offering cars for sale, a vintage automobile for sale “to whomever was willing to purchase it, wherever they may be.” His ad...