New Jersey Appellate Law Blog
Search our blog posts
Search our blog posts
May 13, 2024
Kennedy v. Weichert Co., ___ N.J. ___ (2024). As discussed here, this putative class action case addressed whether written agreements under which plaintiff, a licensed real estate salesperson, entered in to an independent contractor with defendant, a licensed real estate broker, excluded plaintiff from the protections of the Wage Payment Law, N.J.S.A. 4:11-4.1 et seq.…
View Post »May 9, 2024
Savage v. Township of Neptune, ___ N.J. ___ (2024). N.J.S.A. 10:5-12.8(a) (“section 12.8”) is a provision of the New Jersey Law Against Discrimination (“LAD”). Enacted in 2019 during the “#MeToo” movement, that section states that a settlement agreement provision that “has the purpose or effect of concealing the details relating to a claim of discrimination,…
View Post »May 8, 2024
State v. Higginbotham, ___ N.J. ___ (2024). Earlier this week, as discussed here, the Supreme Court unanimously invalidated a portion of a regulation due to its overbreadth, which violated the New Jersey Constitution’s free speech guarantee. Chief Justice Rabner authored that opinion. Today, in another unanimous opinion, this one by Justice Wainer Apter, the Court…
View Post »May 7, 2024
Usachenok v. State of New Jersey, Department of the Treasury, ___ N.J. ___ (2024). N.J.A.C. 4A:7-3.1(j) is a regulation intended “to protect the integrity of the investigation…
View Post »May 6, 2024
In the second half of April, the Supreme Court issued one published opinion and the Appellate Division delivered four such rulings. Here are summaries: C.R. v. M.T., ___ N.J. ___ (2024). This was the second time that this case came before the Supreme Court. The previous decision was summarized here. This time, in an opinion…
View Post »May 2, 2024
In an Order available here, Chief Justice Rabner announced the summer Part schedule for the Appellate Division. The term “Summer Parts,” which has not been formally used by the courts though others routinely employ it, has always been a slight misnomer, as the period covered does not precisely match the actual summer. For example, this…
View Post »Apr 18, 2024
American Civil Liberties Union of New Jersey v. County Prosecutors Association of New Jersey, ___ N.J. ___ (2024). The ACLU of New Jersey sought five categories of records from defendant (“CPANJ”) under the Open Public Records Act, N.J.S.A. N.J.S.A. 47:1A-1 to -13 (“OPRA”), and the common law right of access. As summarized here, CPANJ moved…
View Post »Apr 16, 2024
Comprehensive Neurosurgical, P.C. v. The Valley Hospital, ___ N.J. ___ (2024). As discussed here, the question presented to the Supreme Court in this appeal, which was the subject of today’s unanimous decision by Justice Fasciale, encompassed several important issues. That question, phrased by the Supreme Court Clerk’s office, was ““Should plaintiffs’ claim that defendant breached…
View Post »Apr 12, 2024
The Supreme Court announced that it has granted certification in five new cases. All of them are civil matters. Three of the cases involved published opinions of the Appellate Division. In D.T. v. Archdiocese of Philadelphia, the question presented, as phrased by the Supreme Court Clerk’s office, is “Under the circumstances presented, is the Archdiocese…
View Post »
