In re N.J.A.C. 12:17-2.1, ___ N.J. Super. ___ (App. Div. 2017).  Given the deferential standard of review of the validity of regulations promulgated by administrative agencies, it is relatively rare that a court finds such a regulation to be arbitrary and capricious, and therefore invalid.  Today’s opinion by Judge Sabatino, however, does just that, regarding a regulation promulgated by the New Jersey Department of Labor and Workforce Development.  The panel recognized that its scope

Wolens v. Morgan Stanley Smith Barney, LLC, 449 N.J. Super. 1 (App. Div. 2017).  In the opening paragraph of his opinion for the Appellate Division today, Judge Sabatino encapsulated virtually this entire case:

“Plaintiff Kathleen Wolens appeals the trial court’s October 9, 2015 order granting summary judgment and dismissing her complaint against her deceased mother’s former investment company, Morgan Stanley Smith Barney (“Morgan Stanley

Kirkpatrick v. Hidden View Farm, 448 N.J. Super. 165 (App. Div. 2017).  A boy who tagged along with his mother to a horse farm but did not himself take part in any horse-related activity there was barred from suing when he was bitten by a horse as he walked by its stall.  The reason for that, as explained in Judge Sabatino’s opinion for the Appellate Division in this case, was that the Equestrian Activities Liability Act, N.J.S.A. 5:15-1 to -12, provides immunity from sui