The Supreme Court announced that it has granted review in three new cases. In two of those matters, the Court granted certification. The third is before the Court on leave to appeal.
The leave to appeal case is Kennedy v. Weichert Co. The question presented, as phrased by the Supreme Court Clerk’s office, is “Are commissioned real estate salespersons exempt from the Wage Payment Law by operation of their exclusion from the Unemployment Compensation Law under N.J.S.A. 43:21-19(i)(7)(K), or pursuant to the Real Estate Brokers and Salesmen Act?” An unpublished opinion by a three-judge panel of the Appellate Division affirmed the decision of the Law Division that held that such salespersons are not exempt from the Wage Payment Law and denied Weichert’s motion to dismiss the case.
In Linden Democratic Committee v. City of Linden, the question presented is “Under the Municipal Vacancy Law, N.J.S.A. 40A:16-1 to -23, did the Linden Municipal Council have discretion to keep a seat on the Council vacant until the next general election, rather than appointing one of the three nominees presented by the Linden Democratic Committee to fill the vacant seat?” The Appellate Division, in a published opinion, summarized here, that does not yet have an official citation, ruled that the seat could properly be left vacant.
The final case is State v. Wade. That case presents this question: “Did defendant, who contends he was not informed of the nature of the charges against him or that he was under arrest, knowingly and voluntarily waive his Miranda rights?” In an unpublished per curiam opinion, a two-judge Appellate Division panel rejected defendants’ arguments and affirmed their convictions.