Willingboro Mall Rule That Settlements in Mediation Must be Reduced to Writing and Signed at the Mediation Applies to Voluntary Mediations as Well as Court-Ordered Ones

Gold Tree Spa, Inc. v. PD Nail Corp., ___ N.J. Super. ___ (App. Div. 2023). In Willingboro Mall, Ltd. v. 240/242 Franklin Ave., LLC, 215 N.J. 242 (2013), the Supreme ...

A Search Warrant for a Bullet, and a Dispute Over Whether a Prosecutors’ Association is a Public Agency Subject to OPRA, for the Supreme Court

The Supreme Court announced that it has granted review in two more cases. One of those is before the Court on a grant of leave to appeal, while the Court ...

Two Constitutional Law Decisions From the Appellate Division

State v. Higginbotham, ___ N.J. Super. ___ (App. Div. 2023); In re Appeal of Denial of M.U.’s Application for a Handgun Purchase Permit, ___ N.J. Super. ___ (App. Div. 2023). ...

Judge Kay Walcott-Henderson is Temporarily Assigned to the Appellate Division

In an Order dated March 14 but published today, Chief Justice Rabner announced that Judge Kay Walcott-Henderson has been temporarily assigned to the Appellate Division. She has been assigned to ...

A Lesson in Attorneys’ Fee Applications From Justice Patterson

Hansen v. Rite Aid Corp., ___ N.J. ___ (2023). This opinion by Justice Patterson for a 5-0 Supreme Court (Justice Fasciale did not participate) reaffirms the attorneys’ fee award principles ...

The West Orange Library Site is Not “In Need of Redevelopment”

Malanga v. Township of West Orange, ___ N.J. ___ (2023). The Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (“LHRL”), allows a municipality to declare a property “in need ...

Two Grants of Leave to Appeal, and One Grant of Certification, by the Supreme Court

Supreme Court grants of certification far outnumber grants of leave to appeal. But not this time. The Supreme Court announced two grants of leave to appeal, both in criminal cases, ...

Warrantless Search of an Automobile is Improper Unless the Circumstances Giving Rise to Probable Cause Are “Unforeseeable and Spontaneous”

State v. Smart, ___ N.J. ___ (2023). As Justice Fasciale discussed in great detail in his opinion today for a unanimous (5-0, with Justice Solomon and Judge Sabatino not participating) ...

Another “Kind for Kind” Affidavit of Merit Decision

Pfannenstein v. Surrey, ___ N.J. Super. ___ (App. Div. 2023). At least since Buck v. Henry, 207 N.J> 377 (2011), and Nicholas v. Mynster, 216 N.J. 463 (2013), New Jersey’s ...

The Appellate Division Declines to Rewrite N.J.S.A. 39:6A-4.5(b)

Castano v. Augustine, ___ N.J. Super. ___ (App. Div. 2023). N.J.S.A. 39:6A-4.5(b), enacted as part of the reform of New Jersey’s automobile insurance system, states: “Any person who is convicted ...