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

Another Mount Laurel Case for the Supreme Court?

In re Declaratory Judgment Actions Filed by Various Municipalities, 446 N.J. Super. 259 (App. Div. 2016). It has been 41 years since the Supreme Court issued its original Mount Laurel...

The 2016-2017 General Assignment Order

Today, Chief Justice Rabner issued the 2016-2017 General Assignment Order, which is available here. This document contains the assignments of all Superior and Tax Court judges for the coming term....

"Purple Prose" Makes the Appellate Division See Red

McRae v. New Jersey Transit Bus Operations, Inc., 2016 N.J. Super. Unpub. LEXIS 1598 (App. Div. July 8, 2016). Appellate advocates like to write in ways that make an impact....

Twenty One Day Advance Voter Registration Requirement is Held Constitutional

Rutgers University Student Assembly v. Middlesex Cty. Bd. of Elections, 446 N.J. Super. 221 (App. Div. 2016). This appeal involved the constitutionality of N.J.S.A. 19:31-6.3b, which requires eligible voters to...

Summary Judgment for Breach of Settlement Agreement Reversed Due to Issues of Fact

Globe Motor Co. v. Igdalev, 225 N.J. 469 (2016). One of the fundamental principles of summary judgment jurisprudence is that a court cannot grant summary judgment when there are genuine...

An Ice Skater is (Wrongly?) Tripped Up by the Exhaustion Doctrine

Davidovich v. Israel Ice Skating Federation, 446 N.J. Super. 127 (App. Div. 2016). The subculture that is international competitive sport came to the Appellate Division in this case yesterday. Judge...

No Need for a Law Firm LLP to Have "Tail" Insurance, Says the Supreme Court

Mortgage Grader, Inc. v. Ward & Olivo, LLP, 225 N.J. 423 (2016). Justice Fernandez-Vina issued an opinion in this legal malpractice appeal today, his first opinion in quite some time,...

Two Days, Two New Law Against Discrimination Opinions From the Supreme Court

In each of the last two days, the Supreme Court issued unanimous opinions involving the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -42 ("LAD"). Yesterday, in Smith v. Millville...

Exceptional Circumstances Called for Extension of Discovery to Allow Medical Malpractice Plaintiff to Get a New Expert

Castello v. Wohler, 446 N.J. Super. 1 (App. Div. 2016). In Medina v. Pitta, 442 N.J. Super. 1 (App. Div. 2015), discussed here, the Appellate Division ruled that a physician...

Judge Greta Gooden Brown is Temporarily Assigned to the Appellate Division

Chief Justice Rabner announced today that Judge Greta Gooden Brown is being temporarily assigned to the Appellate Division. That assignment is effective on August 1, 2016. A graduate of Douglass...

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With the Appellate Division's Recess Over, The Appellate Division Oral Argument of the Week is Another Waiver of Arbitration Case

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....

Another Quartet of New Cases for the Supreme Court

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....

A Recess for the Appellate Division, and for This Blog

The Appellate Division is in a recess this week and next. No oral arguments will occur during that period....

Appellate Division Oral Argument of the Week: Has the School Funding Reform Act Denied Lakewood Public School Students the Constitutionally-Required "Thorough and Efficient" Education?

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...