The Bold Sidebar Jeff J. Horn

Alphabet Soup Show Notes
I recently saw (through a zoom arbitration) Judge Mary Catherine Cuff - Retired PJAD who served “temporarily” on the NJ Supreme Court from 2012 - 2016 until the appointment of Justice Walter Timpone. The Arb was a pleasure and the Judge issued a lovely hand-written Arb Award. The interaction prompted the ringing of the bell in the Trenton clocktower - the NJ Supreme Court is down (2) Justices and Justice Albin is a mere (2) months from retirement. BRRRRRING!!
State v. Konecny -  DUI, PCR, DWS - driving while suspended. The NJ Supreme Court did note extend Laurick relief to multiple DUI offenders who were represented by counsel. Laurick is NOT traditional PCR - it only addresses uncounseled defendants - not defendants who allege ineffective assistance of counsel in the context of PCR.
Haviland v. Lourdes Medical Center of Burlington Co. - AOM - Affidavit of Merit is not required where plaintiff asserts vicarious liability against a licensed actor if the tortfeasor is an unlicensed person.
Dobco, Inc. v. Bergen County Improvement Authority - A bidder cannot complain that a bid process is illegal while participating as a bidder for a public contract. A resident officer of a bidder may seek injunctive relief, outside of the company’s claims, but must file a certification indicating that the individual is not taking direction from the bidder and personally paying legal fees without reimbursement.

Joseph A. Fischetti, Esquire is our Guest. Link to NJ Supreme Court cases featuring Joe as Counsel or on the Brief.
Joe loves his Stats. Here is a link to a fantastic set of NJ Supreme Court Stats.
We even snuck in one interesting case analysis: Hamid Harris v. City of Newark, et al - Unanimous NJ Supreme Court generously broken down by Joe Fischetti. Government entity denied qualified immunity by the trial court not entitled to appeal of right - must seek interlocutory review.
The BOLD SIDEBAR 5-star Rating where you listen to Podcasts. Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

State v. Radel & State v. Terres - standards for the protective sweep “inside” after an “outside” arrest; reasonable articulable suspicion
State v. Nyema and State v. Myers - reasonable articulable suspicion for auto stop - explored in depth - where the police “got it right” on a hunch
State v. Samuel Ryan - Three Strikes Law upheld- even when original offense(s) were committed prior to age 18
State v. Laura Gonzalez - ambiguous request for counsel, hearsay

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Check out our sound engineer Nick Bates at: Bandcamp -https://nick-bates.bandcamp.com and Twitter -https://twitter.com/nickbatesmusic

Justice Jaynee Lavecchia retired forever effective December 31, 2021. Senior App Div Judge Jose Fuentes is temporarily assigned to the NJ Supreme Court by Chief Justice Rabner.
Then Justice Faustino Fernandez-Vina retires because "constitutional senility"* or widely known as turning 70. Nominee Rachel Wainer Apter continues her long wait for  a political deal to be done in Trenton.

Plus (4) New Civil Cases

Meade v. Township of Livingston - LAD case permits claim in the case of discriminatory actions by a subordinate impacting termination of the Township manager


Glassman v. Friedel, et al - Comparative negligence damages to be apportioned by the jury in (2) steps and the aggregate award molded by the  trial judge


Cooper Hospital v. Selective Insurance - 150 auto accident victims continue in need of medical treatment from accidents that occurred prior to December 5, 1980 - Medicare is the primary payer and PIP carrier liable for co-pays and deductibles only

Stewart v. NJ Turnpike Authority - Tort Claims Act case. Trial counsel and judges should not entertain new factual theories post-discovery at oral argument. No recovery for injured motorcyclists. Roadway contractors protected from liability on the grounds of derivative immunity.
* Justice Daniel O'Hern

NJ's premiere Appellate law blogger Bruce Greenberg is our guest- click here to check out Bruce's blog -NJ Appellate Blog 

2021 Wrap-up - (3) important policy cases
Winberry v. Rutherford - government immunity limited
Rios v. Meda Pharma - (2) racial slurs enough to proceed on LAD claim
In re Attorney General Directives  - public disclosure of “major” police discipline
2022 Preview - these cases are on the NJ Supreme Court docket to be decided in 2022
Schwartz v. Menas - “new business rule”
Jeter v. Sam's Club - the grape caper and “mode of operation doctrine”
Samolyk v. Berthe - “rescue doctrine” and the beloved family pet


Click Here to give The BOLD SIDEBAR a nice 5-star Rating.
Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

Meg McCormick Hoerner - rejoins the podcast and takes a deep dive into the 2021 NJ Supreme Court cases that made law and headlines and previews important cases on teh docket for 2022.
Check out Meg's excellent podcast and her website
https://njcriminalpodcast.com/
https://www.hoernerlaw.com/