NJ Appellate Law Blog – NJ Appellate Lawyer Bruce D. Greenberg blogs about Appeals and Appellate Law Practice

What Not to Do as an Attorney: "Appalling, Unlawyerly Behavior"

United States v. Brace, 2021 U.S. App. LEXIS 17482 (3d Cir. June 11, 2021). Every so often, attorney conduct is so egregiously bad that it results in a published opinion,...

Reversing the Appellate Division, the Supreme Court Adopts the "Ongoing Storm Rule"

Pareja v. Princeton International Properties, ___ N.J. ___ (2021). This 5-2 decision addressed the "ongoing storm rule," which Justice Fernandez-Vina's majority opinion defined as a doctrine "under which a landowner...

Adverse Employment Action Not Required for Law Against Discrimination Claim

Richter v. Oakland Bd. of Educ., ___ N.J. ___ (2021). Justice LaVecchia wrote the opinion in this important Law Against Discrimination ("LAD") case for a unanimous Court. There were two...

Ancillary Settlement Jurisdiction

Butt v. United Brotherhood of Carpenters & Joiners of America, ___ F.3d ___ (3d Cir. 2021). This opinion by Judge Hardiman involved an attorneys' fee dispute. In the underlying consolidated...

New Supreme Court Appeals Raise Evidence, Workers' Compensation Act, Nominal Damages, and Affidavit of Merit Issues

The Supreme Court announced that it has granted certification in four new matters. As is often the case, they are a varied group. In Lapsley v. Sparta Tp., the question...

Another Permutation of "Legal Duty and Tort Liability in a Drunk Driving Context"

Diaz v. Reynoso, ___ N.J. Super. ___ (App. Div. 2021). Near the beginning of his opinion for the Appellate Division today, Judge Sabatino succinctly stated the issue in this case:...

New Cases for the Supreme Court Involving the Tort Claims Act, Palimony and the Statute of Frauds, the "Three Strikes Law," and the "Ministerial Exception" of the First Amendment

The Supreme Court announced that it has granted certification in four new cases. One of those appeals is from a published opinion of the Appellate Division. The others involve unpublished...

Apparent Authority Must be Manifested by a Communication of the Principal, Not of the Agent

Gayles v. Sky Zone Trampoline Park, ___ N.J. Super. ___ (App. Div. 2021). Here is how Judge Messano began his opinion for the Appellate Division today: "Joan Tongol invited several...

Pre-Marital Agreements, Mid-Marital Agreements, Property Settlement Agreements, and (Today's Case) Agreements in the Nature of a Mid-Marital Agreement

Steele v. McDonnell Steele, ___ N.J. Super. ___ (App. Div. 2021). Judge Enright's decision for the Appellate Division in this case today involved an appeal of the Family Part's enforcement...

A Monumental Opinion by Judge Accurso in a "Title Raider" Case

Phoenix Pinelands Corp. v. Davidoff, ___ N.J. Super. ___ (App. Div. 2021). Today's opinion by Judge Accurso in this case clocked in at 175 pages. It is the longest opinion...

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The Third Circuit Returns to New Jersey Appellate Law Blog

When this blog began, in October 2010, it covered goings-on in the Supreme Court of New Jersey, the Appellate Division, and the Third Circuit Court of Appeals, with occasional posts about the Supreme Court of the United States. That continued for many years. More recently, however, it became too difficult to keep up with all of those three courts, and coverage of the Third Circuit disappeared virtually entirely. But since the Supreme Court and the Appellate Division have not published many decisions recently (a circumstance that is certain to change shortly), this blog will resume covering the Third Circuit at least on occasion, beginning today....

Contracts for Lifetime Employment: An Anniversary

On this date in 1952, the Supreme Court issued its opinion in Savarese v. Pyrene Manufacturing Co., 9 N.J. 595 (1952). Justice Wachenfeld's decision for a 5-0 Court remains the leading authority on whether and when employment contracts for life are enforceable....

A New Batch: Five More Appeals for the Supreme Court

The Supreme Court announced that it has granted review in five more appeals. On of those matters is before the Court on leave to appeal. In the others, the Court granted certification....

Three Days, Three Published Appellate Division Decisions on Suppression Motions in Criminal Cases

Each of the last three days saw the Appellate Division issue one published opinion in a criminal appeal. Here are summaries of those rulings:...