Posted Date | Name of Case (Docket Number) | Type |
---|---|---|
Feb. 26, 2020 |
Guerline Felix v. Brian V. Richards
(A-27-18 ; 081799)
The deemer statute does not incorporate by reference the basic policy’s BI level for insurers, like GEICO, to which the second sentence of N.J.S.A. 17:28-1.4 applies. From the perspective of the insurers’ obligation, the required compulsory insurance liability limits remain $15,000/$30,000. As to the equal protection claim, New Jersey insureds are the ones who have a choice to purchase less than the presumptive minimum BI amount. The obligation of in-state insurers to offer and provide that minimum is the same as the obligation imposed under the deemer statute’s second sentence on authorized insurers writing an out-of-state policy. The equal protection claim therefore falls flat. |
Supreme |
Feb. 25, 2020 |
James N. Stanard and Janet G. Stanard v. Director, Div. of Taxation
(008149-18)
Tax Court: Stanard v. Dir., Div. of Taxation, Docket No. 008149-2018; opinion by Fiamingo, J.T.C., decided February 24, 2020. For plaintiff - Joseph Kernen and Ellis L. Reemer (DLA Piper, LLP, attorneys); for defendant – Ramanjit K. Chawla (Gurbir S. Grewal, Attorney General of New Jersey, attorney). Held: Plaintiffs appealed the final determination of the defendant ("Director") disallowing an offset of partnership income with a partnership loss distributed to a single-member limited liability company ("LLC") owned by plaintiff husband, under N.J.S.A. 54A:5-1(k). The Director determined that the net income of the single member LLC, inclusive of the partnership loss at issue, constituted net profits from business and must be reported under N.J.S.A. 54A:5-1(b). The court found that by law, a single-member LLC is treated as a disregarded entity and the member is treated as the direct owner of the assets of the LLC for income tax purposes under N.J.S.A. 42:2C-92(b). The court further found that even if the single-member LLC is treated as a sole proprietorship for income tax purposes, the Director had misapplied his regulations in determining the net profits from business of the single-member LLC for the tax year under review. The court granted summary judgment for plaintiffs and denied the Director’s cross-motion for summary judgment. |
Tax |
Feb. 25, 2020 |
STATE OF NEW JERSEY VS. TEVIN M. FIGARO STATE OF NEW JERSEY VS. ANTHONY J. GREEN STATE OF NEW JERSEY VS. ABE HAROLD (17-05-0465, 17-10-0945, 17-10-0961, 19-03-0275, 19-04-0318, AND 16-09-0824, CUMBERLAND COUNTY AND STATEWIDE) (CONSOLIDATED)
(A-5654-18T4/A-0854-19T4/A-1287-19T4)
The court granted defendants leave to appeal from orders that denied their request to declare they were not statutorily ineligible for Drug Court and to process their applications. The judge accepted that recent revisions to the Drug Court Manual (the 2019 Manual ) preserved two "tracks" for entry into the program: one, pursuant to special probation, N.J.S.A. 2C:35-14; and a second, as a general condition of probation, N.J.S.A. 2C:45-1. See, e.g., State v. Meyer, 192 N.J. 421 (2007). Defendants were not eligible for special probation, because they faced current charges that were not "subject to a presumption of incarceration or a mandatory minimum period of parole ineligibility[.]" N.J.S.A. 2C:35-14(a). Additionally, defendants were previously convicted of crimes that made them ineligible pursuant to N.J.S.A. 2C:35-14(a)(6), (7). The judge accepted the State's argument that although there were two tracks for entry into Drug Court, the 2019 Manual created one uniform standard for eligibility under both tracks, specifically, that an applicant was legally ineligible if he failed to meet the criteria in N.J.S.A. 2C:35-14. The Court reversed, concluding that the full text of the 2019 Manual did not support the State's interpretation, which was contrary to the clear intention, both legislatively and administratively, to broaden eligibility for Drug Court. |
Appellate |
Feb. 24, 2020 |
S.W. VS. G.M. (FM-20-2163-11, UNION COUNTY AND STATEWIDE)
(A-1278-18T3)
In a prior appeal, this court reversed and remanded the trial judge's open duration alimony determination directing him to find the marital lifestyle numerically and, if necessary, adjust the life insurance securing the alimony. The trial judge failed to enumerate the marital lifestyle and instead supplemented the supported spouse's current expenses with some expenses incurred during the marriage. The trial judge also decreased the life insurance obligation and calculated the death benefit using the supporting spouse's full social security age as the presumed end date for alimony. The court reverses and remands the matter again to the trial judge and holds that N.J.S.A. 2A:34-23(b)(4) requires the judge to numerically calculate the marital lifestyle. The court's decision explains the purpose for and the means by which to calculate the marital lifestyle. The court also reverses and remands the life insurance computation and provides a method for calculating the present-day value of the alimony obligation to determine the life insurance death benefit. |
Appellate |
Feb. 24, 2020 |
STATE OF NEW JERSEY VS. FRANK CAMPIONE AND HOWARD KATZ (18-05-0685, MONMOUTH COUNTY AND STATEWIDE) (CONSOLIDATED)
(A-1709-18T2/A-1710-18T2)
Defendant Frank Campione, a licensed physician assistant, who was federally registered to prescribe opioid medications, was indicted on charges of the unlawful practice of medicine, distribution of a controlled dangerous substance to patients, and possession of prohibited weapons. The State alleged that Campione misrepresented himself as a physician to patients, improperly wrote prescriptions in non-traditional settings, such as vehicles and restaurants, and wrote prescriptions for opioid medications that were not medically necessary. Defendant Howard Katz, a licensed physician who agreed to serve as Campione's supervising physician, was charged with unlawful practice of medicine. Defendants' motion to dismiss the entire indictment was granted by the motion court. The motion court also granted defendants' motion for discovery of the identity, opinions, and reports of the experts consulted by the State post-dismissal of the indictment. The court affirmed the dismissal of all charges against Katz. The State presented no evidence to the grand jury that Katz participated in Campione's alleged acts of improperly holding himself out as a physician to patients. The court also affirmed the dismissal of the counts alleging the unlawful practice of medicine based on Campione's alleged failure to practice under the direct supervision of a physician and failure to provide notice of his employment to the State Board of Medical Examiners. Such conduct involves professional misconduct punishable by civil penalties, not criminal acts. Similarly, the court affirmed the dismissal of the count charging defendants with conspiring to commit the unlawful practice of medicine. Because Campione was a licensed physician assistant who was registered to prescribe opioid medications and Katz was a licensed physician, violating the Physician Assistant Licensing Act (PALA), N.J.S.A. 45:9-27.10 to .28, is professional misconduct punishable by civil penalties, not criminal conduct under our Criminal Code. Thus, conspiring to violate PALA is not a crime The court reversed the dismissal of the weapons counts because the State was not precluded from introducing evidence of the possession of the prohibited weapons in a subsequent grand jury proceeding that was not introduced during the first presentment. The court also reversed the order compelling the State to provide postdismissal discovery of the State's experts. Because the indictment was dismissed in its entirety, the criminal action was no longer pending.Accordingly, the discovery afforded under Rule 3:13-3(b)(1) does not apply even though defendant Campione still faced a civil forfeiture action and administrative disciplinary proceedings brought by the Board of Medical Examiners. |
Appellate |
Feb. 24, 2020 |
STATE OF NEW JERSEY VS. EDWIN ANDUJAR (15-05-1096, ESSEX COUNTY AND STATEWIDE)
(A-0930-17T1)
Defendant appealed from a judgment of conviction after a jury convicted him of murder, arguing he was denied the right to a jury of his peers During the voir dire, after an African American male juror was found acceptable to the court and seated in the jury box, the prosecutor performed acriminal background check on the juror and discovered someone with the same name had an outstanding municipal warrant. Without explanation to or from the juror, the trial judge granted the State's motion to remove the juror for cause so he could be arrested outside the presence of other jurors. Defendant argued the exclusion of the juror was racially motivated The court reverses because the judge did not question the juror himself to ascertain the accuracy of the State's representation and the judge should have addressed defendant's objection under a Batson/Gilmore analysis. |
Appellate |
Feb. 21, 2020 |
ERNEST BOZZI VS. BOROUGH OF ROSELLE PARK, ET AL. ERNEST BOZZI VS. CITY OF SUMMIT, ET AL. (L-1046-18 AND L-0543-18, UNION COUNTY AND STATEWIDE) (CONSOLIDATED)
(A-4742-17T4/A-4743-17T4)
In these two consolidated appeals, calendared back-to-back for the purposes of a single opinion, plaintiff appeals the trial court's denial under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right of his access, to the names and addresses on dog license records issued by defendant municipalities. The Law Division determined plaintiff was not entitled to the information because his sole purpose was to solicit dog licensees to install invisible fences at their homes. The court reverses. The court concludes there is no outright prohibition under OPRA for the access of public records for commercial purposes, Burnett v. Cty. of Bergen, 198 N.J. 408, 435 (2009), and the licensees' names and addresses are public records in which they have no, or an insufficient, expectation of privacy in the information, Brennan v. Bergen Cty. Prosecutor's Office, 233 N.J. 330, 338, 342 (2018). Accordingly, the court need not reach plaintiff's common law argument. |
Appellate |
Feb. 20, 2020 |
SUMMIT PLAZA ASSOCIATES VS. RAGEE KOLTA, ET AL. (LT-007691-18, HUDSON COUNTY AND STATEWIDE)
(A-1305-18T3)
The court addressed whether the unconscionability standard embodied in N.J.S.A. 2A:18-61.1(f) of New Jersey's Anti-Eviction Act is preempted by federal regulations promulgated by the United States Department of Housing and Urban Development (HUD). N.J.S.A. 2A:18-61.1(f) provides that the unconscionability of a rent increase is a defense in a summary dispossess action to removal for cause based on a tenant's failure to pay rent. Relying on the language in the governing HUD regulations, explicitly preempting the entire field of rent regulation, the court held that N.J.S.A. 2A:18-61.1(f) is preempted by the regulations. As a result, HUD-approved rent increases are not reviewable in summary dispossess proceedings, and the trial judge properly precluded evidence challenging the increase as unconscionable. The court also concluded that if the unit in which the tenant resides is subject to a HUD Section 8 housing assistance payments contract, then the operation, management, and maintenance of that unit, including the approval of rent increases, is governed by HUD's regulatory control irrespective of whether the tenant receives a Section 8 housing subsidy. |
Appellate |
Feb. 20, 2020 |
STATE OF NEW JERSEY V. BILAL BELLAMY
(A-2959-17T4)
Defendant, while incarcerated for a parole violation, was arrested for a homicide he committed while on parole. After defendant completed his parole violation sentence, he remained in jail awaiting resolution of the homicide charges. He thereafter entered a guilty plea to the homicide charges. At sentencing, the trial court, following the holding in State v. Black, 153 N.J. 438 (1998), awarded defendant eighty-six days of jail credits for the period from the day he completed his parole violation sentence to the day of sentencing. Defendant acknowledged that if Black applies, the trial court awarded the correct number of jail credits. He argued, however, that the holding in Black was effectively overruled by the Court in State v. Hernandez, 208 N.J. 24 (2011), and as a result, he is entitled to 1149 days of jail credits for the period from the day he was arrested on the homicide charge to the day of sentencing. The court rejected defendant's argument, noting that Hernandez concerns circumstances unlike those in Black and that in Hernandez, the Court discussed its holding in Black at length without stating it was departing from that holding. In addition, the court reviewed a number of precedents cited by defendant applying the holding in Hernandez but found all inapposite to the circumstances addressed in Black. In the absence of a Supreme Court decision overruling its prior decision, the court declined to stray from the unequivocal holding in Black and affirmed the award of jail credits. |
Appellate |
Feb. 19, 2020 |
DIGITAL FIRST MEDIA, ETC. VS. EWING TOWNSHIP, ET AL. (L-0495-18, MERCER COUNTY AND STATEWIDE)
(A-5779-17T2)
The court held that when police file a use of force report (UFR) regarding an officer's interaction with a minor charged as a delinquent, it is available under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, if redacted to remove the minor's name, as are UFRs filed regarding interactions with adults. Deletion of the minor's name preserves the confidentiality of a juvenile's records of delinquency or family in crisis as guaranteed pursuant to Rule 5:19-2 and N.J.S.A. 2A:4A-60. Redacted UFRs filed regarding police encounters with minors charged as a delinquent are not records "pertaining to juveniles"—they are government records capturing details of police conduct available to the public. |
Appellate |
Feb. 19, 2020 |
STATE OF NEW JERSEY VS. JOHN G. HAGER (14-07-0678, GLOUCESTER COUNTY AND STATEWIDE)
(A-2568-17T4)
The court considered whether the omission of one of the Miranda warnings during custodial interrogation adequately conveys the substance of the warnings and concluded it did not, notwithstanding the fact that defendant continuously interrupted the administration of the warnings. Acknowledging out-of-state authority holding that a suspect may waive Miranda warnings by interrupting their delivery, the court concluded that the suspect's interruption of the warnings does not discharge law enforcement of their duty to deliver them. Finding that the erroneous introduction of the partially unwarned statements was not harmless error, the court reversed defendant's conviction, which followed a bifurcated jury trial, and vacated his guilty plea on the weapons offense. Relying on United States v. Patane, 542 U.S. 630 (2004), however, the court rejected defendant's contention that suppression of the weapon was mandated as a remedy for the Miranda violation despite the fact that the weapon was seized as a result of a search warrant based on the statements. |
Appellate |
Feb. 10, 2020 |
STATE OF NEW JERSEY VS. L.G.-M. (14-12-2073, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
(A-0790-18T1)
This appeal presents an issue of first impression, requiring the court to determine whether Padilla v. Kentucky, 559 U.S. 356 (2010), and State v. Gaitan, 209 N.J. 339 (2012), require defense counsel to advise their clients whether – and under what circumstances – the successful completion of the pretrial intervention program would permit a defendant to avoid immigration consequences. The Law Division judge denied defendant's petition for postconviction relief, finding Padilla and Gaitan did not apply here, where defendant did not enter a guilty plea. Because neither Padilla nor Gaitan expressly limits its holding to cases in which a defendant enters a guilty plea, the court declines to narrowly construe their application only to those dispositions. Instead, the court interprets those decisions to impose an obligation upon defense attorneys to advise their clients of the potential immigration consequences of any criminal disposition, whether that disposition will result from a guilty plea, trial, or diversionary program. Accordingly, the court reverses and remands for an evidentiary hearing. |
Appellate |
Feb. 10, 2020 |
STATE OF NEW JERSEY VS. JOHN THOMPSON (6184, PASSAIC COUNTY AND STATEWIDE)
(A-2011-18T4)
In this appeal, the court held that an intoxicated defendant asleep and behind the wheel of a parked motor vehicle with its engine running is "operating" the vehicle within the meaning of N.J.S.A. 39:4-50(a). |
Appellate |
Feb. 7, 2020 |
THOMAS MCKEOWN VS. AMERICAN GOLF CORP., ET AL. (L-0996-17, MORRIS COUNTY AND STATEWIDE)
(A-3408-18T1)
Plaintiff appealed a grant of summary judgment in favor of defendant, a fellow golfer, with whom plaintiff was playing in a foursome. Defendant rented a golf cart, and plaintiff alleged that defendant – contrary to the rental agreement – allowed the cart to be driven by another golfer, who was allegedly unfamiliar with its operation and who, while operating the cart, struck plaintiff, causing his injuries. The trial judge granted summary judgment because, among other things, he viewed the rental agreement as a contract of adhesion that benefitted only the golf course, not other golfers like plaintiff. In reversing, the court held, among other things, that the rental agreement was irrelevant because defendant owed plaintiff a common law duty to refrain from negligently entrusting the golf cart to an allegedly incompetent operator. The court also rejected the argument that the rental agreement was a contract of adhesion, as well as defendant's argument that plaintiff was not a beneficiary of the promises contained in that agreement. |
Appellate |
Feb. 6, 2020 |
STATE OF NEW JERSEY VS. WALEK P. DUNLAP (12-05-0858, MIDDLESEX COUNTY AND STATEWIDE)
(A-4526-17T1)
This case probes the boundaries of the United States Supreme Court’s landmark decision in Apprendi v. New Jersey, 530 U.S. 466 (2000), which held that under the Sixth Amendment, "[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt." Id. at 490. In this case, defendant's original sentence to special probation was revoked for a series of violations. He was resentenced on his second-degree robbery conviction to the statutory maximum ten-year sentence after already serving roughly four years of special probation. He was given credit towards his prison sentence for the time spent in county jail and in residential treatment but not for the time he participated in outpatient treatment. Defendant claims his prison sentence violates Apprendi because the combination of the ten-year prison term and time previously spent on special probation exceeds the ten-year maximum sentence for a second-degree conviction. In State v. Hawkins, __ N.J. Super. __ (App. Div.), certif. denied, __ N.J. __ (2019), the court rejected the argument that under Apprendi, a year on special probation undergoing outpatient treatment counts as a year in prison. However, the court in Hawkins affirmed the defendant's eight-year prison sentence on his second-degree conviction “without ruling directly on . . . whether imposition of the maximum custodial sentence plus special probation would be constitutionally defective.” __ N.J. Super. at __ (slip op. at 12). The court in the present case addresses that issue and holds that such a sentence, which was actually imposed in this instance, does not violate the Sixth Amendment. The court embraces the reasoning in Hawkins and concludes that time on special probation outside a residential treatment facility cannot be combined with a prison term when determining whether a sentence exceeds the "prescribed statutory maximum." The court finds further support for that conclusion in the Supreme Court's most recent pronouncement in the line of Apprendi cases, United States v. Haymond, 588 U.S. __, 139 S. Ct. 2369 (2019). Based on an analysis of Haymond and other precedents, the court holds that the Sixth Amendment issues raised in Apprendi and its progeny apply only to minimum and maximum terms of imprisonment; Apprendi principles simply do not apply to non-custodial forms of punishment such as special probation. |
Appellate |
Feb. 6, 2020 |
MASTEC RENEWABLES CONSTRUCTION COMPANY, INC. VS. SUNLIGHT GENERAL MERCER SOLAR, LLC, ET AL. (L-0336-14, MERCER COUNTY AND STATEWIDE)
(A-1833-15T4)
A general contractor hired a subcontractor to design and construct a renewable solar generating facility on the campus of the Mercer County Community College. The Mercer County Improvement Authority issued bonds in excess of $29,000,000 to fund the project. The subcontractor filed a mechanics' lien notice against the Authority when it was unable to resolve a payment dispute with the general contractor. The subcontractor settled its claim against the general contractor and filed a complaint against the Authority to foreclose on its mechanic's lien. The Law Division granted the Authority's motion to dismiss the foreclosure complaint under Rule 4:6-2(e). The trial court held that pursuant to N.J.S.A. 40:37A-127, all of the Authority's property was exempt from judicial process. In this appeal, the subcontractor argues it's municipal mechanic's lien is enforceable against the Authority's project fund pursuant to the Municipal Mechanics' Lien Law, N.J.S.A. 2A:44-125 to -142. Amicus curiae Utility and Transportation Contractors Association of New Jersey, Inc. supports the subcontractor's legal position. The Authority argues the subcontractor's mechanic's lien is not valid under the County Improvement Authorities Law, N.J.S.A. 40:37A-44 to -135. This court affirms the Law Division's order dismissing the foreclosure complaint as a matter of law under Rule 4:6-2(e), but for reasons other than those expressed by the trial court. Hayes v. Delamotte, 231 N.J. 373, 387 (2018). As a matter of first impression in a published opinion, this court holds that the Municipal Mechanics' Lien Law does not apply to county improvement authorities. |
Appellate |
Feb. 5, 2020 |
Estate of Mary Van Riper v. Director, Division of Taxation
(A-51-18 ; 082000)
The Court agrees with both the Tax Court and the Appellate Division that the Division properly taxed the entirety of the residence when both life interests were extinguished, and the remainder was transferred to Marita. The property’s transfer, in its entirety, took place “at or after” Mary’s death, and was appropriately taxed at its full value at that time. In light of the estate-planning mechanism used here, any other holding would introduce an intolerable measure of speculation and uncertainty in an area of law in which clarity, simplicity, and ease of implementation are paramount. |
Supreme |
Feb. 3, 2020 |
The Plastic Surgery Center, PA v. Malouf Chevrolet-Cadillac, Inc.
(A-78/79/80-18 ; 082502)
The judgment of the Appellate Division is affirmed substantially for the reasons expressed in that court’s opinion. As the Appellate Division noted, in the 2012 amendment to N.J.S.A. 34:15-15, the Legislature did not expressly address the statute of limitations. The Legislature is, of course, free to do so in the future. |
Supreme |
Jan. 31, 2020 |
JOSEPH DIBUONAVENTURA VS. WASHINGTON TOWNSHIP, ET AL. (L-1435-13, GLOUCESTER COUNTY AND STATEWIDE)
(A-0473-18T3)
The court holds that New Jersey's Constitution should be construed consistent with the federal Constitution in that a "class-of-one" equal protection claim cannot be asserted by a public employee. See Engquist v. Oregon Dep't of Agric., 553 U.S. 591, 594 (2008). Accordingly, the court affirms the dismissal of plaintiff's constitutional equal protection claim. The court also affirms the dismissal of plaintiff's claims under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, because those claims were precluded when he asserted retaliation as a defense in the administrative proceedings upholding his termination as a municipal police officer. Therefore, plaintiff cannot relitigate the retaliation issue in a CEPA action. See Winters v. N. Hudson Reg'l Fire & Rescue, 212 N.J. 67 (2012). |
Appellate |
Jan. 30, 2020 |
JERSEY CITY REDEVELOPMENT AGENCY V. RJ WOODWARD, LLC
(L-005231-17)
This application raises a novel question concerning whether an error made by condemnation commissioners should negatively impact the right of the defendant property owner to file an appeal of the commissioners’ award. More specifically, if the commissioners’ award is filed without the statutorily required oath, does the time limit to appeal the award start to run when the award is filed or when the oath is subsequently filed? The court also considered whether good cause exists to extend the time to file the appeal. In a case of first impression, the court held that the report was not considered “filed” until the oath was filed; thus, the appeal was timely as it was filed within forty-five days of the filing of the commissioners’ oath. |
Trial |