Investors Bank v. Torres, ___ N.J. ___ (2020). As discussed here, the Appellate Division, in an opinion reported at 457 N.J. Super. 53 (App. Div. 2018), affirmed a summary judgment for plaintiff in this foreclosure action. The Supreme Court granted certification to address the issue phrased as “Can the right to enforce a lost promissory note be transferred to a third party?” Today, in a unanimous opinion by Justice Patterson that applied de novo review, the Court answered “yes” and affirmed the rulings below. Justice Patterson found that three statutes, each of which...

Unlike the Supreme Court of the United States, which customarily (though apparently not this year) issues all its opinions for the term by June 30, the Supreme Court of New Jersey continues issuing opinions into the summer months, or even beyond. In the last few days, the Court has issued three opinions. Here are summaries of those opinions: Gourmet Dining, LLC v. Union Township, ___ N.J. ___ (2020). This decision, issued today, was a 6-0 ruling, with Justice LaVecchia authoring the Court’s opinion. As discussed here, this case involved (to quote Justice LaVecchia) the question of...

Due to a personal matter, there have been no posts on this blog since June 2. This post will summarize some of the decisions from our appellate courts since that date. Separately, Governor Murphy nominated Fabiana Pierre-Louis to fill the Supreme Court seat currently held by Justice Timpone when he reaches retirement age in November of this year. A separate post, on another day, will discuss that nomination. Finally, the Supreme Court granted certification in one new case, Haley v. Board of Review. The question presented there, as phrased by the Supreme Court Clerk’s office, is...