New JerseyWorkers Compensation
Uncategorized

Kneezel v. Lambertville House: Appellate Division Affirms Striking of Employer’s Workers’ Compensation Defenses for Discovery Noncompliance

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The Appellate Division affirmed a workers’ compensation order striking the employer’s defenses and directing authorization of the petitioner’s knee replacement surgery, finding no due process violation where the employer received repeated notice and opportunity to comply with discovery obligations but persistently failed to disclose surveillance evidence after the petitioner testified, and did not file written opposition to the motion to strike.

New JerseyReal EstateZoning Law
Uncategorized

Stoney 9, LLC v. Pierson Pleasantville, LLC: Appellate Division Affirms Land Use Board Approval of Concrete Plant Variances

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The Appellate Division affirmed the Township of Dennis Land Use Board’s unanimous approval of variances allowing Pierson Pleasantville, LLC to add a ready-mix concrete plant to an existing sand-mining operation, finding the Board’s decision was not arbitrary, capricious, or unreasonable, that res judicata did not bar the application given material differences from prior submissions, and that a passing reference to an unpublished opinion in the Board’s resolution did not warrant reversal.

New JerseyCivil RightsFamily Law
Uncategorized

C.W. v. M.S.: Appellate Division Vacates FRO for Inadequate Findings of Fact

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The Appellate Division vacated a final restraining order entered under the Prevention of Domestic Violence Act because the trial court failed to make specific credibility findings, identify the subsection of the harassment statute relied upon, find a purpose to harass, or address the N.J.S.A. 2C:25-29(a) factors bearing on the necessity of the FRO. The matter was remanded for a new trial before a different judge.

New JerseyCriminalCriminal Law
Uncategorized

State v. Green: Appellate Division Upholds Parole Supervision for Life Imposition for CSAM Possession

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The Appellate Division affirmed the imposition of parole supervision for life on a defendant who pleaded guilty to possessing between 100 and 1,000 items of child sexual abuse material, holding that PSL motions are governed by the preponderance-of-the-evidence standard and that the sentencing court conducted a proper holistic offender assessment despite defendant’s favorable expert reports and low-risk scores.

New JerseyCriminalCriminal Law
Uncategorized

State v. Junor: Appellate Division Again Remands for Resentencing After Supreme Court’s Carlton Decision

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On Supreme Court remand in light of State v. Carlton, the Appellate Division again vacated Junor’s extended-term sentence and ordered resentencing, holding that while Carlton’s harmless-error doctrine applies to Erlinger violations, it does not cure the independently identified failures to adequately articulate aggravating and mitigating factor findings and the error in sentencing a merged conviction.

New JerseyMunicipal LawPersonal Injury & Tort
Uncategorized

Fakhroutdinov v. City of Hackensack: TCA and Landowners’ Liability Act Bar Claims Arising from Pedestrian Strike at Park Pathway

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The Appellate Division affirmed summary judgment for the City of Hackensack in a case where a pedestrian was struck by a negligently driven vehicle while standing at the exit of a park pathway, holding that the pathway was not a “dangerous condition” under the TCA because injuries were caused by third-party conduct on adjacent public road, and that the park qualified for immunity under the Landowners’ Liability Act’s dominant-character test.

New JerseyPersonal Injury & Tort
Uncategorized

Glassman v. Juanito’s Inc.: Appellate Division Reinstates Hematologist as Expert Witness in Medical Malpractice Case

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The Appellate Division reversed a trial court order barring a hematologist-internist from offering standard-of-care testimony against an internist defendant in a pulmonary embolism death case, holding that the expert’s contemporaneous board certification and active internal medicine practice satisfied the Patients First Act’s kind-for-kind requirement and that additional subspecialty training cannot function as a disqualifier.

New JerseyAdministrative LawCriminal
Uncategorized

Pandure v. NJ State Parole Board: Appellate Division Reverses Parole Denial for Failure to Consider Full Record

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The Appellate Division reversed the Parole Board’s denial of parole for a 1991 murder conviction, holding that the Board failed to meaningfully engage with the totality of statutory factors — including a professional low-risk assessment, two decades of clean institutional conduct, and Pandure’s statements of remorse — and could not rely primarily on its subjective view that the inmate lacked insight.

New JerseyCivil ProcedureEvidence
Uncategorized

Ryan Roberts v. Kellie Krause: Appellate Division Affirms Denial of BWC Footage Replay During Jury Deliberations in Malicious Prosecution Trial

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The Appellate Division affirmed a trial court’s refusal to replay body worn camera footage during jury deliberations in a civil malicious prosecution case, holding the video was used only to refresh recollection and was never admitted into evidence, plaintiffs failed to preserve their objection at trial, and no plain error existed.

New JerseyAdministrative LawEmployment
Uncategorized

Kimberly Leftwich v. Board of Trustees, PERS: Appellate Division Orders Second Remand After ALJ Again Misapplied Accidental Disability Causation Standard

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In a second appeal, the Appellate Division again vacated PERS’s denial of accidental disability retirement benefits to a state employee assaulted at work, finding the ALJ on remand had violated the law-of-the-case by reopening the disability question and again misapplied the Gerba causation standard, ordering reassignment to a new ALJ.

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