The New Jersey Appellate Division considered an issue of first impression in these six consolidated appeals: "Whether in the context of Rule 4:6-2(e) motions to dismiss with prejudice, insurance policies issued by the defendants covered business losses incurred by the plaintiffs that were forced to close or limit their operations…
The New Jersey Appellate Division considered an issue of first impression in these six consolidated appeals: “Whether in the context of Rule 4:6-2(e) motions to dismiss with prejudice, insurance policies issued by the defendants covered business losses incurred by the plaintiffs that were forced to close or limit their operations as a result of Executive… Continue reading MAC Prop. Grp. LLC v. Selective Fire and Casualty Ins. Co.
The New Jersey Appellate Division held in a matter of first impression that “service of a Tort Claims Act notice of claim on a county is sufficient when sent to the county clerk rather than the board of county commissioners.” Plaintiff and her husband filed this personal injury action, alleging Cumberland County’s negligence caused her… Continue reading Bryant v. Cumberland Cty.
The New Jersey Appellate Division reviewed Rule 4:5-4. The Rule requires responsive pleadings to “set forth specifically and separately” the affirmative defense of discharge in bankruptcy and the federal statutory injunction against prosecuting enforcement of a debt discharged in bankruptcy under 11 U.S.C. § 524. The defendant argued that the plaintiffs waived the affirmative defense… Continue reading Chepovetsky v. Civello
The New Jersey Appellate Division affirmed the trial court’s designation of B.B. as a Tier II Megan’s Law registrant and vacated the provision of the order excluding his personal identifiers from the Internet Registry. B.B. moved to Atlantic County in 2019 after he was convicted in Pennsylvania in 2009 and 2015 of sexual offenses involving… Continue reading In re B.B.
The New Jersey Appellate Division decided a case that dealt with the COVID-19 pandemic’s impact on the statute of limitations in a personal injury matter. The accident occurred on June 21, 2018. The complaint was filed on June 29, 2020, eight days after the expiration of the two-year statute of limitations in N.J.S. 2A:14-2(a). The… Continue reading Barron v. Gersten
In an issue of first impression, the New Jersey Appellate Division considered whether the New Jersey Law Against Discrimination (LAD) applied to claims arising from a sexual predator’s criminal assaults against a young schoolgirl where those crimes were committed on a school bus. Plaintiff was five years old when she was sexually assaulted by a… Continue reading C.V. v. Waterford Twp. Bd. of Educ.
The New Jersey Appellate Division affirmed the Chancery Division’s order that ruled the plaintiffs lacked standing and their substantive challenge lacked merit. At issue was New Jersey’s Medical Aid in Dying for the Terminally Ill Act, which permits an adult with a terminal illness and whose physician has determined that they have a life expectancy… Continue reading Petro v. Platkin
In these consolidated appeals, the New Jersey Appellate Division held that a defendant who received a prior conditional discharge for a low-level marijuana offense is ineligible for PTI. The case turned on the Court’s interpretation of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act. The Court ruled that “the Legislature’s differential treatment… Continue reading State v. Gomes
The New Jersey Appellate Division concluded its 166-page opinion by stating that “to the extent we have not addressed them, any additional arguments raised by defendant lack sufficient merit to warrant discussion in this opinion.” The arguments the Court reviewed were critical criminal law issues. First, the Court held that the trial court violated the… Continue reading State v. Watson
The New Jersey Appellate Division affirmed the Commissioner of Education’s determination that the Somerville Board of Education violated Parselss’s rights when it refused to permit her to return to her tenured, full-time teaching position. The Court held that, consistent with the principles espoused in Bridgewater-Raritan Educ. Ass’n v. Bd. of Educ. of Bridgewater-Raritan Sch. Dist.,… Continue reading Parsells v. Somerville Bd. of Educ.