Yesterday, in an Order authored by Judge Natali, for himself and Judge Messano, the Appellate Division overturned a preliminary injunction against operation of the New Jersey Medical Aid in Dying for the Terminally Ill Act. The Appellate Division’s Order, which was thereafter affirmed by the Supreme Court, is available here.
The Appellate Division elaborated on the standard for preliminary injunctive relief that was stated in Crowe v. DeGioia, 90 N.J. 126 (1982). The panel applied the abuse of discretion standard and concluded that the Law Division had abused its discretion in enjoining the statute from coming into effect.
Judge Natali’s Order effectively collected and presented the precedents in this area, making this seven-page, single-spaced opinion an excellent resource for anyone who is looking for the law on preliminary injunctive relief. The opinion is not officially reported, at least as of now, and thus cannot be cited by a court. But its contents are very useful to parties, attorneys, and judges, and it should be kept close at hand.