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Weekly Caselaw Updates

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Twp. of Montclair Comm. of Petitioners v. Twp. of Montclair

Weeks after the COVID pandemic hit, a municipal clerk rejected a petition for a referendum. The petition did not have the requisite number of signatures to make it onto the ballot because  – in the clerk's view – the voter's e-signature from the online petition did not match the signatures…

Twp. of Montclair Comm. of Petitioners v. Twp. of Montclair
New Jersey Appellate Division

Weeks after the COVID pandemic hit, a municipal clerk rejected a petition for a referendum. The petition did not have the requisite number of signatures to make it onto the ballot because  – in the clerk’s view – the voter’s e-signature from the online petition did not match the signatures on record with the State… Continue reading Twp. of Montclair Comm. of Petitioners v. Twp. of Montclair

In re Verified Petition of the Retail Energy Supply Ass’n
New Jersey Appellate Division

The New Jersey Appellate Division reviewed the Board of Public Utilities’ inaction. The Board issued a letter to third-party energy suppliers in which the Board prohibited them from passing through a price increase to their fixed- or firm-rate customers. When the suppliers could not negotiate a stalemate over a price-increase issue, they filed a petition… Continue reading In re Verified Petition of the Retail Energy Supply Ass’n

State v. Cnty. of Ocean
New Jersey Appellate Division

The New Jersey Appellate Division ruled that the State must defend counties under the Tort Claims Act but cannot designate who shall bear the cost of indemnity. A county detective was involved in a car crash with a civilian who sued the county for negligence. Under the Tort Claims Act, the Attorney General may: 1.)… Continue reading State v. Cnty. of Ocean

The New Jersey Appellate Division aptly summed up the question answered in this lengthy opinion: Does the exclusionary rule under the New Jersey Constitution apply to an unconstitutional and flagrant violation of a search warrant’s knock-and-announce requirement? Officers secured a warrant that required they knock-and-announce before entering an apartment. Nearby, they found a suspect and… Continue reading State v. Caronna

State v. Scudieri
New Jersey Appellate Division

The New Jersey Appellate Division affirmed the defendant’s sentence for DUI, holding that the newly-amended statute did not apply. The defendant committed the offense before the new law’s enactment but was sentenced afterward. He challenged his sentence, contending that the trial court committed error when it did not apply the new refusal statute, which was… Continue reading State v. Scudieri

Parkinson v. Diamond Chemical Co., Inc.
New Jersey Appellate Division

The New Jersey Appellate Division issued a critical decision regarding discovery and parties’ tax returns. Under the Court’s ruling in Ullmann v. Hartford Fire Ins. Co., a party seeking tax returns in discovery must meet a heightened standard outlined in a three-part test. Here, in a wrongful discharge action, the plaintiff sought the tax returns… Continue reading Parkinson v. Diamond Chemical Co., Inc.

Wilmington Sav. Fund Soc’y v. Daw
New Jersey Appellate Division

The New Jersey Appellate Division answered the question: “If a loan agreement states the lender may choose to apply the funds to the outstanding debt if either repairs are economically infeasible or if such expenditures would impair the lender’s security interest, does the lender have an obligation to the borrower to make that decision promptly… Continue reading Wilmington Sav. Fund Soc’y v. Daw

Green Knight Capital v. Calderon
New Jersey Appellate Division

Plaintiff held a tax sale certificate on a condo unit. After waiting the requisite two-year period, Plaintiff filed a complaint to foreclose on the property owner’s right of redemption and obtain title to the property. Respondent then purchased the property from Defendant. On the date the sale of the property closed, a check for the… Continue reading Green Knight Capital v. Calderon

JWC Fitness, LLC v. Murphy
New Jersey Appellate Division

A kickboxing gym sued the New Jersey governor claiming that it was owed compensation for lost revenue during the COVID-related shutdown mandated by the governor’s executive order. The plaintiff offered two bases for relief. First, it claimed that the governor exercised his power to “commandeer and utilize” its property under the Disaster Control Act. Second,… Continue reading JWC Fitness, LLC v. Murphy

Dennehy v. East Windsor Reg’l Bd. of Educ.
New Jersey Appellate Division

Heads up! Plaintiff sued and alleged negligence after she suffered a concussion when an errant soccer ball hit her. Plaintiff based the claim on a coach’s failure to supervise and oversee their players properly. Defendants filed a motion for summary judgment, which the trial court granted. The New Jersey Appellate reversed and ruled that the… Continue reading Dennehy v. East Windsor Reg’l Bd. of Educ.