Last week saw two published Appellate Division decisions. One was authored by Judge Mawla and the other by Judge D'Almeida....
The Supreme Court announced that it has granted certification in In the Matter of the Expungement of the Criminal/Juvenile Records of P.L. The question presented, as phrased by the Supreme Court Clerk's office, is "Does the Recovery Court expungement statute, N.J.S.A. 2C:35-14(m), allow for the expungement of juvenile adjudications for offenses that would not otherwise be eligible for expungement under N.J.S.A. 2C:52-2 and N.J.S.A. 2C:52-4.1?" In an opinion reported at 482 N.J. Super. 319 (App. Div. 2025), the Appellate Division, applying de novo review, affirmed the ruling of the Law Division that allowed the expungement in these circumstances....
To bring things current, this post summarizes three published Appellate Division opinions that were issued in the recent period. The subject matter of these ruling ranged from construing a Court Rule about reconsideration to applying the Prevention of Domestic Violence Act ("PDVA") to determining whether the Attorney General's office was required to defend and indemnify a Deputy Chief Assistant Prosecutor facing an attorney disciplinary proceeding that arose out of his official duties....
This is the second post that catches up with appellate developments last week and this week. The Supreme Court issued rulings in three cases during that period. Two of those appeals involved unanimous opinions. The third engendered a relatively rare 5-2 split among the Justices. Here are summaries:...
Much of last week was consumed by a sojourn in Hershey, PA for the Third Circuit Judicial Conference, a very enjoyable and educational experience. As a result, it's time for some catching up. Today's is the first such post....
Bournes v. Harris, ___ N.J. Super. ___ (App. Div. 2026). This post-dissolution appeal from the Family Part involved several questions arising out of a Marital Settlement Agreement ("MSA") entered in a Texas court. In an opinion by Judge Firko, the Appellate Division affirmed a ruling by Judge Lougy, whom the panel identified by name, that New Jersey courts had jurisdiction to enforce and to modify the Texas MSA, and that Judge Lougy properly enforced arrears....
Tenenbaum v. Allstate Ins. Co., ___ N.J. Super. ___ (App. Div. 2026). Judge Natali's opinion for the Appellate Division in this matter today involved two matters that were before the court on leave to appeal. The issue in both cases was whether and when "common law bad faith claims under Pickett v. Lloyd's, 131 N.J. 457, 467 (1993), and those brought under the recently adopted Insurance Fair Conduct Act (IFCA), N.J.S.A. 17:29BB-1 to -3," should be stayed until resolution of all disputes relating to underinsured motorist ("UIM") claims brought in the same action....
The Appellate Division's schedule and roster of summer Parts has been announced. These summer sessions begin on June 15 and run through September 6....
On Wednesday, April 29, judges on Part B of the Appellate Division will hear oral argument in Dornacker v. Laborante. The case is an unusual one....
In the recent period, the Supreme Court issued one opinion and the Appellate Division published four decisions. Here are summaries:...
