The Importance of Spelling Out Findings and Reasons for Judicial Decisions
In re D.L.B., ___ N.J. Super. ___ (App. Div. 2021); Valarezo-Tirado v. Attorney General of the United States of America, ___ F.4th ___ (3d Cir. 2021). It is a fundamental rule that courts must provide...
View ArticleTwo Decisions About When Judgments Appealed From Are Final
Appellate Division opinions designated as not for publication do not often address legal issues such as whether and when a judgment under appeal is final. But today, the Appellate Division issued two...
View ArticleCity of Newark May Impose, and Need Not Negotiate Over, a COVID-19 Vaccine...
In re City of Newark and Newark Police Superior Officers Ass’n, ___ N.J. Super. ___ (App. Div. 2021). [Disclosure: My firm, Lite DePalma Greenberg & Afanador, LLC, represents the City of Newark in...
View ArticleBPU Inaction for 20 Months Results in a Remand for the Agency to Act
In re Verified Petition of Retail Energy Supply Ass’n, ___ N.J. Super. ___ (App. Div. 2021). This appeal was from the inaction (not any action) by the Board of Public Utilities (“BPU”). Appellant...
View ArticleAs 2021 Winds Down, the Supreme Court Takes Up Two More Cases
The Supreme Court announced that it has granted review in two more cases. Both involved grants of certification. One appeal, a civil matter, is from a published opinion by a three-judge panel of the...
View ArticleWorkers’ Compensation Benefits Were Due to Plaintiff, Under the “Premises Rule”
Lapsley v. Sparta Tp., ___ N.J. ___ (2022). As discussed here, this Workers’ Compensation Act case was one in which plaintiff, a librarian at the Sparta Public Library, was walking through a parking...
View ArticleTwo Accelerated Appeals, and Four More, for the Supreme Court
The Supreme Court announced that it has granted review in six cases. Three of those involve grants of leave to appeal and three are grants of certification. The Court accelerated the schedule for two...
View ArticleTwo Opinions by Judge Whipple
Grandvue Manor, LLC v. Cornerstone Contracting Corp., ___ N.J. Super. ___ (App. Div. 2022); Sullivan v. Board of Review, ___ N.J. Super. ___ (App. Div. 2022). Both of these opinions, issued yesterday,...
View ArticleThe 2,000th Post on This Blog: The Anniversary of Campbell v. Department of...
On this date in 1963, the Supreme Court decided Campbell v. Department of Civil Service, 39 N.J. 556 (1963). The opinion, by Justice Jacob s for a unanimous Court, has been cited hundreds of times for...
View ArticleThe First Published Appellate Division Decisions of October
Today, and on two days last week, the Appellate Division issued its first published opinions since September 29. Here are summaries of those decisions. Meyers v. State Health Benefit Commission, ___...
View Article
