On Tuesday, April 29, judges on Part F of the Appellate Division will hear oral argument in Newport Associates Development Co. v. Chubb Ins. Co. The appeal arises out of the denial by the Law Division of the motion of defendant AIG Specialty Insurance Company ("ASIC") to compel arbitration of plaintiffs' claim for indemnity in connection with underlying litigation with Consolidated Edison Company of New York, Inc. and Public Service Electric and Gas Company. The Law Division held that ASIC had waived its contractual right to demand arbitration....
The Supreme Court announced that it has granted certification in four new appeals. Three are from unpublished opinions of the Appellate Division, while the fourth is from a published decision in a criminal case....
The Appellate Division is in a recess this week and next. No oral arguments will occur during that period....
On Tuesday, April 8, judges on Part D will hear oral argument in Alcantar v. Allen-McMillan, a case filed in 2014 in which the Appellate Division has ruled before, 475 N.J. Super. 56 (App. Div. 2023). This appeal follows on the Appellate Division's prior ruling, unappealed by the State...
The Supreme Court announced that it has granted review in four new cases. All of them entail grants of certification. There are two civil appeals and two criminal matters....
The Appellate Division issued four published opinions this week. Here are summaries:...
Rappaport v. Pasternak, ___ N.J. ___ (2025). Justice Patterson's opinion for a unanimous Court today arose out of the arbitration of a dispute among members of limited liability companies. After the arbitrator made his award, the Chancery Division confirmed that award. But the Appellate Division, which viewed the record as showing that the arbitrator had improperly ruled on an issue not presented by the parties, modified the award. On further review, the Supreme Court reversed the Appellate Division and reinstated the Chancery Division's confirmation of the award....
Chief Justice Rabner announced today that, effective today, Judge Michael Blee has been assigned to the Appellate Division and designated as Acting Administrative Director of the Courts. The Order doing so is available here....
On Tuesday, April 1, judges of Part E of the Appellate Division will hear oral argument in Bonfiglio v. Borough of Sea Bright. That case addresses whether a 2017 noise ordinance adopted by the Borough was void as preempted by a prior ordinance of the Monmouth County Regional Health Commission ("MCRHC")....
State v. Amang, ___ N.J. Super. ___ (App. Div. 2025). This opinion, issued today, was another magnum opus (63 pages) by Judge Susswein in a criminal case. As stated in the first sentence of the decision, this was an appeal from defendant's "jury trial convictions for aggravated assault, simple assault, endangering the welfare of a child, possession of an assault firearm, and possession of large capacity ammunition magazines. Defendant committed the assault and endangering crimes against his daughters." The bottom line result was an affirmance of the convictions for most of the crimes, but a reversal and remand on the simple assault charges....