Standards of review

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 ...

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). ...

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 ...

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 ...

The Last Half of February in the Appellate Division

This follows up on yesterday’s post about the second half of February in the Supreme Court. Here are summaries of some of the Appellate Division’s published opinions issued in the ...

“Ministerial Exception” That Bars Employment Discrimination Claims by Ministers Employed by Religious Institutions Also Covers Other Claims Related to the Institution’s Employment Decision

Hyman v. Rosenbaum Yeshiva of New Jersey, ___ N.J. Super. ___ (App. Div. 2023). As Judge Mitterhoff explained in her opinion for the Appellate Division today, the Free Exercise and ...

Smith & Wesson Fails to Block a Subpoena Issued by the Attorney General Under the Consumer Fraud Act

Platkin v. Smith & Wesson Sales Co., Inc., ___ N.J. Super. ___ (App. Div. 2023). In 2020, the Attorney General’s office issued to Smith & Wesson an administrative action subpoena ...