NJ Appellate Law Blog

A Privity of Contract Anniversary

On this date in 1984, the Supreme Court decided Arohnson v. Mandara, 98 N.J. 92 (1984). A unanimous opinion written by Justice Schreiber, the opinion was one of a series that cut back on privity of contract as a defense....

Standards for Judicial Modification of an Arbitration Award

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....

Three Published Appellate Division Decisions Last Week

All was quiet on the Supreme Court front last week. But the Appellate Division issued three published opinions. Here are summaries. Sackman Enterprises, Inc. v. Mayor & Council of Borough...

Two Class Action Decisions by the Appellate Division

Kennedy v. Weichert Co., 474 N.J. Super. 541 (App. Div. 2023). As Judge Messano's opinion in this putative class action case recounted, this matter involves whether commissioned real estate salespeople...

A Class Certification Opinion by Judge Porter, With a Concurring Opinion by … Judge Porter

Allen v. Ollie's Bargain Store, Inc., 37 F.4th 890 (3d Cir. 2022). This blog has reported on several Third Circuit cases in which a unanimous panel opinion was accompanied by...

The Balancing Test for the Common Law Right of Access to Public Records

Rivera v. Union County Prosecutor's Office, ___ N.J. ___ (2022). Employees of the Elizabeth Police Department complained to the Union County Prosecutor's Office that the Police Director, James Cosgrove, had...

Third-Party Defendant Not Sued Directly by Plaintiff Must Still Participate at Trial Absent a Valid Defense to the Third-Party Claim

Mejia v. Quest Diagnostics, Inc., 241 N.J. 360 (2020). Today's opinion by Justice Fernandez-Vina, for a unanimous Supreme Court, involved "whether a third-party defendant, facing only claims for contribution and...

The TCCWNA and Towing Companies

Pisack v. B&C Towing, Inc., 455 N.J. Super. 225 (App. Div. 2018). This decision by Judge Gilson today in three consolidated appeals implicates the Predatory Towing Prevention Act, N.J.S.A. 56:13-7...

OPRA Records Custodian Cannot Bring Declaratory Judgment Case to Preempt OPRA Suit by Requestor

In re New Jersey Firemen's Ass'n Obligation to Provide Relief Applications Under the Open Public Records Act, 443 N.J. Super. 238 (App. Div. 2015). The OPRA (Open Public Records Act)...

The Availability of Class Arbitration is for a Court, Not an Arbitrator, to Decide

Opalinski v. Robert Half Int'l Inc., 761 F.3d 314 (3d Cir. 2014). In this case under the Fair Labor Standards Act, 29 U.S.C. §201 et seq. ("FLSA"), plaintiffs signed employment agreements...

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A Privity of Contract Anniversary

Another Supreme Court Per Curiam Affirmance, With an "Attagirl" for Judge Puglisi

Amato v. Township of Ocean School District, ___ N.J. ___ (2025). Yesterday's post included discussion of a per curiam affirmance by the Supreme Court. Today, the Court published another per curiam affirmance in this case. The Court affirmed "substantially for the reasons stated in Judge Puglisi's thorough and thoughtful opinion" for the Appellate Division. That decision was published at 480 N.J. Super. 239 (App. Div. 2024)....

Two Short Ones From the Supreme Court

Supreme Court opinions often extend toward the longer side. This week, however, the Court issued two opinions, both involving administrative agency actions, that were shorter than average. In neither case did more need to be said....

One From the Supreme Court and Two From the Appellate Division

The end of last week saw the issuance of one Supreme Court ruling and two published Appellate Division decisions. Two of those were in criminal appeals. The third involved the exclusion of an expert witness in a medical malpractice case....