- PATRICIA O'KEEFFE VS. PARAMUS BOARD OF EDUCATION, ET AL. (C-000121-22, BERGEN COUNTY AND STATEWIDE, AND TEACHERS' PENSION AND ANNUITY FUND) (CONSOLIDATED) A-0164-22/A-0388-22 Appellate Nov. 2, 2023
- J.P. ELECTRIC, INC., ET AL. VS. LPMG CONSTRUCTION MANAGEMENT, LLC, ET AL. (L-0219-18, ATLANTIC COUNTY AND STATEWIDE) A-0918-22 Appellate Nov. 2, 2023 Summary A-0918-22 Prior to this non-jury trial, defendant served an offer of judgment, which plaintiff rejected. At the close of plaintiff’s case in chief, the trial judge granted defendant’s motion for involuntary dismissal under Rule 4:37-2(b). Defendant then applied for counsel fees and costs pursuant to Rule 4:58-6, which the judge denied. The court holds that because a successful motion under Rule 4:37-2(b) results in the "dismissal of the action" and no verdict in the plaintiff's favor is rendered, the denial of fees and costs was manifestly correct. The policy reasons underlying the zero-recovery exceptions to Rule 4:58-3(c) would be undermined if such fee-shifting were permitted. Close
- BIL-JIM CONSTRUCTION COMPANY, INC. VS. WYNCREST COMMONS, LP (L-1421-19, OCEAN COUNTY AND STATEWIDE) A-0173-21 Appellate Nov. 3, 2023
- STATE OF NEW JERSEY VS. BERNARDO CHAVEZ-PADILLA (13-06-1545, OCEAN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-2731-21 Appellate Nov. 3, 2023
- U.S. BANK TRUST NATIONAL ASSOCIATION, ETC. VS. VICTOR NUGENT, ET AL. (F-009436-20, GLOUCESTER COUNTY AND STATEWIDE) A-2811-21 Appellate Nov. 3, 2023
- CROWN BANK VS. GORILLA CAR WASH, LLC, ET AL. (F-014380-19, PASSAIC COUNTY AND STATEWIDE) A-3059-21 Appellate Nov. 3, 2023
- BECKY LIN VS. STANLEY LIU (FM-14-1094-18, MORRIS COUNTY AND STATEWIDE) A-0682-22 Appellate Nov. 3, 2023
- DCPP VS. D.C.A. AND J.J.C.B., IN THE MATTER OF THE GUARDIANSHIP OF S.I.C. (FG-06-0030-22, CUMBERLAND COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (CONSOLIDATED) A-0886-22/A-0887-22 Appellate Nov. 3, 2023
- JULIA ROSE NAWROCKI, ET AL. VS. J&J AUTO OUTLET TRADING AS AUTO CONCEPTS, ET AL. (L-0221-23, CAMDEN COUNTY AND STATEWIDE) A-2813-22 Appellate Nov. 3, 2023
- I.B. VS. M.S. (FV-03-0706-21, BURLINGTON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-0953-21 Appellate Nov. 6, 2023
- STATE OF NEW JERSEY VS. PEDRO R. SANCHEZ (18-10-0819, MIDDLESEX COUNTY AND STATEWIDE) A-2524-21 Appellate Nov. 6, 2023
- APRIL LOWERY VS. BOARD OF TRUSTEES, ETC. (TEACHERS' PENSION AND ANNUITY FUND) A-3256-21 Appellate Nov. 6, 2023
- DONNA BRAKEFIELD VS. BOARD OF REVIEW, ET AL. (NEW JERSEY DEPARTMENT OF LABOR) A-3400-21 Appellate Nov. 6, 2023
- STATE OF NEW JERSEY VS. JUSTIN HAZEL (11-07-1306, ESSEX COUNTY AND STATEWIDE) A-3416-21 Appellate Nov. 6, 2023
- RONNY BESHAY VS. DEEDEE'S APARTMENTS, LLC, ET AL. (L-5033-18, HUDSON COUNTY AND STATEWIDE) A-3562-21 Appellate Nov. 6, 2023
- IN THE MATTER OF REGISTRANT B.K. (ML-12201365, UNION COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-3883-21 Appellate Nov. 6, 2023
- KARINA GARCES AND KEVIN ROSALES VS. RUI SOUSA (C-000095-21, ESSEX COUNTY AND STATEWIDE) A-3946-21 Appellate Nov. 6, 2023
- ANIMAL PROTECTION LEAGUE OF NEW JERSEY, ET AL. VS. NEW JERSEY FISH AND GAME COUNCIL, ET AL. (NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION) A-1019-22 Appellate Nov. 6, 2023 Summary A-1019-22 New Jersey's black bear hunt has drawn considerable public and judicial scrutiny over the years. At issue on this appeal is the validity of the emergency rule that precipitated the December 2022 hunt. On November 15, 2022, the State authorized the adoption of a new Comprehensive Black Bear ( Ursus americanus ) Management Policy (CBBMP) and related amendments to the State Fish and Game Code (Game Code), N.J.A.C. 7:25-5.1 to -5.39, pursuant to its emergency rulemaking authority under the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15, thereby permitting a two-week black bear hunt that was scheduled to commence three weeks later on December 5, 2022. The emergency rule was approved by respondents New Jersey Fish and Game Council (Council); Council Chairman Frank J. Virgilio; New Jersey Department of Environmental Protection (DEP); DEP Commissioner Shawn M. LaTourette; and Governor Philip D. Murphy. Following the November 30, 2022 emergent application of appellants Animal Protection League of New Jersey, Angela Metler, Doreen Frega, and others to move for a stay of the November 15, 2022 concurrent emergency rule and proposed 2022 CBBMP, the court temporarily stayed the hunt and considered appellants' application. On December 5, 2022, the court denied appellants' motion and lifted the stay; the Supreme Court denied appellants' ensuing emergent application for relief. The black bear hunt thus proceeded. Thereafter, the 2022 CBBMP and amendments to the Game Code rule were adopted pursuant to formal rulemaking. Noting the issues raised on appeal concern matters of public interest, the court considered the merits of appellants' contentions on a full record and concludes the State violated the emergency rulemaking requirements under section N.J.S.A. 52:14B-4(c) of the APA, both by failing to demonstrate enactment of the rule was necessary on fewer than thirty days' notice and the hunt was necessary to avert imminent peril. Accordingly, the court reverses the State's emergency rulemaking. Close
- MCCOY COLEMAN VS. PRIME SECURITY SERVICES, ET AL. (L-2306-22, ESSEX COUNTY AND STATEWIDE) A-1202-22 Appellate Nov. 6, 2023
- Leabern Realty, L.P. Wayne v. Montclair Township 000166-2020 and 007681-2020 Tax Nov. 3, 2023