In Crisitello v. St. Theresa Sch., the New Jersey Appellate Division reviewed an order from the Law Division granting the defendant’s motion for summary judgment in a Law Against Discrimination action. The defendant — a parochial school — fired the plaintiff because she was unmarried and became pregnant. The Appellate Division had to “determine whether … Read more
In Sullivan v. Max Spann Real Estate & Auction Co., (the Sullivan of Sullivan | Simon, LLC, was not a party), Sullivan hired Max Spann to auction a property. The highest bidder signed a sales contract at the auction and paid 10% of the full purchase price. When the buyer could not secure financing, the … Read more
S.H. v. K & H Transport involved a 17-year-old special-needs student at the time of the events at issue. S.H. sued the bus company that transported her to and from school. The trial court ruled that the bus company did not have a duty “to protect against the alleged injury”—sexual assault—and that no reasonable person … Read more
In In re Expungement of the Involuntary Civil Commitment Record of M.D.V., the Appellate Division reviewed an order from the Superior Court-Law Division that denied the petitioner’s application to expunge his civil commitment records “with prejudice.” The Appellate Division credited the lower court’s thoughtful analysis of the two-pronged test enunciated in N.J.S.A. 30:4-80.9 but held … Read more
In State v. Nyema, following the denial of his suppression motion, the defendant pleaded guilty to robbery. On appeal, Nyema argued that the police did not have reasonable suspicion to stop the vehicle in which he rode. The New Jersey Appellate Division agreed and reversed. At the suppression hearing, the arresting officer testified that, after he was … Read more
In re Adoption of a Child by C.J. required the Appellate Division to assess whether the Chancery Court properly found that a biological mother failed to affirmatively assume the duties of a parent. The Court began by noting that the termination of parental rights implicates fundamental liberty interests, which are protected by the United States … Read more
In Zahl v. Eastland, Zahl sued Eastland, an attorney, alleging legal malpractice. On appeal, Eastland argued the court in New Jersey did not have personal jurisdiction over him. The Appellate Division held that Eastland had sufficient minimum contacts with New Jersey to permit the Law Division to exercise specific personal jurisdiction over him and his … Read more
In State v. Radel, the Appellate Division confronted the question, “Did they really think they were allowed to do that?” Police received a forfeiture order directing them to seize a handgun from the defendant’s parents’ house. The defendant lived next door to his parents and was the purported owner of the gun. The defendant had … Read more
In State v. Faber, the NJ Appellate Division held that, as part of the defendant’s sentence for DWI, the Law Division failed to include mandatory participation in the Intoxicated Driver Resource Center. Because this omission rendered it an illegal sentence, the case was remanded. Furthermore, when the Law Division granted the defendant’s application to stay … Read more
The NJ Appellate Division delivered a major victory to advocates of police-department transparency. In re Att’y Gen. Law Enf’t Directive Nos. 2020-5 and 2020-6 involved a challenge by several police unions to the Attorney General’s directives requiring certain agencies to publish a synopsis of all complaints in which a police officer received final discipline of termination, … Read more