State v. Lawrence

Lawrence had been confined to a jail work-release program as a result of his failure to pay child support. When he failed to return to the jail by curfew on two occasions, he was indicted on two counts of third-degree escape. Lawrence pleaded guilty to the charges and was subsequently sentenced. The Appellate Division reversed … Read more

Gormley v. Gormley

The defendant in a divorce action was determined to be disabled by the Social Security Administration. Relying on Gilligan v. Gilligan, 428 N.J. Super. 69 (Ch. Div. 2012), the Appellate Division held that the SSA’s determination alone was insufficient to prove a disability. The Appellate Division abrogated Gilligan to the extent that it conflicts with Golian v. … Read more

C.C. v. J.A.H.

The plaintiff was granted a temporary restraining order and, after a contested hearing, was awarded a final restraining order (FRO). At issue was whether the plaintiff could establish a “dating relationship” as a necessary element in receiving the FRO. The parties met at a gym, where the plaintiff worked and the defendant regularly exercised. They … Read more

State v. R.K.

#CSL #SocialMedia # 1stAmendment #MegansLaw #StrictScrutiny #Overbroad In what surely is a preview of a New Jersey (maybe even SCOTUS) case, the Appellate Division determined that a provision prohibiting a parolee from accessing social media online as part of a parole provision under Community Supervision for Life violated the 1st Amendment, as the provision was … Read more

New Jersey v. 1 Howe Street Bay Head, LLC

#Easement #EminentDomain #LandUse #RealProperty 4/16/2020 — This appeal results from 63 consolidated appeals over a Superstorm Sandy ruling granting the DEP permanent easements over beachfront property owners’ property to reduce the risk of flooding. In State v. North Beach 1003, LLC, 451 N.J. Super. 214 (App. Div. 2017), the Appellate Division ruled in favor of … Read more