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News Briefs and Summaries from NJSBA, August 1, 2025

These News Briefs and Decision Summaries are from  the  the New Jersey State Bar Association. They are an exclusive benefit of the Association in partnership with the New Jersey Law Journal. A subscription may be necessary to access the full text of some of the items listed:

NEWS BRIEFS:

The New Jersey State Bar Association knows how valuable this newsletter is to members, and it will continue to be delivered directly to member inboxes every morning. But now, readers will get more information than ever before, with additional daily decision summaries and news items from around the legal community, as well as information on valuable member benefits, job opportunities, members who have moved to new positions, blue-ribbon NJICLE seminars, exciting events, and information from our sponsors and partners. The NJSBA will have full editorial control and oversight of the Daily Briefing and will no longer partner with the New Jersey Law Journal for content. Thank you for your continued readership and support.

NJSBA members form the core of the state’s legal community.  for an update on the latest career moves among members. Please share news about NJSBA members with 

In a climate where judges worry about retaliation for their service, many across the country are requesting additional financial support after a recent slew of attacks and threats against them and their families. Read more .

This week’s Capitol Report covers the NJSBA’s advocacy in State v. Norcross. The Association petitioned to appear as amicus curiae, arguing that a heightened mens rea proof standard should apply before attorneys can be charged in connection with their client’s criminal actions. Read the full report 

Riker Danzig’s transition from its longtime Morristown headquarters to Giralda Farms in Madison is “everything an innovative law firm needs,” Managing Partner Michael O’Mullan said. Read more 

Attorneys who work in-house at corporations and nonprofits can stay at the forefront of the practice through the NJSBA In-House Counsel Special Committee. To join, fill out the form  and discover the NJSBA’s wide range of Special Committees for every practice area.

Supreme Court and Appellate Decision Summaries

Click on any decision below to get the full opinion from the New Jersey Judiciary – July 31, 2025

APPROVED FOR PUBLICATION

Pension Benefits

 – The state Supreme Court ruled that, by its plain language, N.J.S.A. 43:16A-12.2 directs “unpaid benefits” to be distributed to the decedent’s estate unless the PFRS member has nominated a beneficiary by “written designation.” Because the plaintiff – a deceased Newark police officer – made no such designation, the Board must distribute $208,950.03 in unpaid benefits to his estate in accordance with the statutory mandate.

 

NOT APPROVED FOR PUBLICATION

Landlord/Tenant

 – Plaintiffs appeal from a July 25, 2024 order dismissing their complaint for possession following a bench trial. Although the appellate panel did not disturb the trial court’s factual findings that the defendant did not violate the parties’ lease by failing to maintain and repair the leasehold, the panel vacated the order of dismissal, concluding that the trial court erred in not considering the non-waiver clause under the lease.

Family – Domestic Violence

 – Plaintiff appeals from the Jan. 26, 2024 Family Part order denying his request for a final restraining order (FRO) under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, and dismissing his temporary restraining order (TRO) against the defendant. After reviewing the record in light of the parties’ arguments and the governing legal principles, the Appellate Division affirmed.

Tax

 – In this tax foreclosure case, intervenor Peake Point, LLC appeals an order vacating a final judgment obtained by the plaintiff and an order denying Peake Point’s subsequent reconsideration motion. The Appellate Division vacated the first order, reversed the reconsideration motion order and remanded for further proceedings, including an evidentiary hearing.

Employment – Hostile Work Environment and Retaliation

 – Defendants appeal the trial court’s Aug. 23, 2023 order denying defendants’ motion for a new trial pursuant to Rule 4:49-1. Defendants also appeal the trial court’s May 26, 2023 order for judgment, which was entered after a jury trial, in favor of the plaintiff’s hostile-work-environment and retaliation claims based on disability discrimination pursuant to the New Jersey Law Against Discrimination (“LAD”), N.J.S.A. 10:5-1 to -50. The Appellate Division remanded for a new trial, concluding that the jury’s verdict – finding that plaintiff was subjected to a hostile work environment based on disability discrimination and was retaliated against in violation of the LAD – was against the weight of the evidence and resulted in a miscarriage of justice.

Criminal

 – Defendant appeals from an April 1, 2024 Law Division order denying his motion to correct an illegal sentence. In 1999, the trial court sentenced the defendant consecutively on convictions for attempted murder and murder, but imposed all other terms for the remaining offenses to run concurrently for an aggregate term of life imprisonment, plus 20 years, with 40 years of parole ineligibility. The Appellate Division affirmed.

 – Defendant appeals from the trial court’s Nov. 2, 2023 order affirming the prosecutor’s denial of defendant’s admission into the Pretrial Intervention Program (PTI). The defendant requests that the Appellate Division either remand “for a fresh look,” or “admit him into PTI.” The Division was satisfied that the prosecutor did not abuse its discretion in denying PTI and affirmed the trial court’s order.

 – Defendant appeals the May 17, 2023 Law Division order denying his application for admission to pretrial intervention (PTI) over the prosecutor’s objection. After reviewing the record in light of the parties’ arguments and governing legal principles, the Appellate Division affirmed.

Civil – Construction Accident

 – Plaintiff appeals from three Law Division orders in this matter arising from a construction accident: (1) the Jan. 20, 2023 order granting summary judgment in favor of defendant Altona Blower & Sheet Metal Works (Altona);1 (2) the June 26, 2023 order granting summary judgment in favor of defendants Borough of Franklin Lakes (Borough) and Fire Department of Franklin Lakes (FDFL), a division of Borough government, (collectively the Municipal Defendants); and (3) the Aug. 10, 2023 order denying his motion for reconsideration. The Appellate Division affirmed.

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