NJ Appellate Law Blog

Length of Marriage is Not Alone Dispositive as to Alimony

Gnall v. Gnall, 222 N.J. 414 (2015). N.J.S.A. 2A:14-23(b) lists twelve factors, plus a "catch-all" thirteenth factor, that are to be considered in determining whether to award alimony. One of...

The Seventh Circuit Rejects Carrera Ascertainability, and Cites Judge Fisher With Approval

Regular readers of this blog have seen frequent criticism of the class action "ascertainability" doctrine espoused by Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013). Recently, as discussed...

"Retired and on Recall" Superior Court Judges are Constitutional, Supreme Court Says in State v. Buckner

State v. Buckner, 223 N.J. 1 (2015). In one of the biggest cases of the current the Supreme Court term, the Court today upheld the practice of permitting retired judges...

Employee's Comparative Negligence in Workplace Accident Case Can be Submitted to the Jury

Fernandes v. DAR Development Corp., 222 N.J. 390 (2015). Kane v. Hartz Mountain Industries, Inc., 278 N.J. Super. 129 (App. Div.1994), aff'd o.b., 143 N.J. 141 (1996), ruled that the...

Hearsay, Business Record, and Expert Testimony Errors Require a New Trial

Gonzalez v. Hugelmeyer, 441 N.J. Super. 451 (App. Div. 2015). This auto accident case went to trial and produced a verdict for plaintiffs. The defendant driver appealed, and the Appellate...

Ordinances Increasing Municipal Appropriations by Not More Than 3.5% Cannot be the Subject of a Faulkner Act Referendum

Roseff v. Byram Tp., 432 N.J. Super. 8 (App. Div. 2013). The referendum provision of the Faulkner Act, N.J.S.A. 40:69A-185, which permits citizens to petition for a referendum to seek to overturn a...

Debt Collector Has the Burden of Proving Its Right to Invoke an Exception to the FDCPA

Evankavitch v. Green Tree Servicing, LLC, 793 F.3d 355 (3d Cir. 2015). "[A]bsent compelling reasons to the contrary, a party seeking shelter in an exception to the statute has the...

IFPA Claims by Private Insurers are Subject to Trial by Jury

Allstate New Jersey Ins. Co. v. Lajara, 222 N.J. 129 (2015). The Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to-30 ("IFPA"), permits insurance companies to sue those who engage in insurance...

"Watchdog" Employees are Entitled to Full Protection Under CEPA

Lippman v. Ethicon, Inc., 222 N.J. 362 (2015). In 2013, the Appellate Division determined that so-called "watchdog" employees (that is, employees whose job it is to bring forward issues relating...

For Want of a Comma…. Qualified Immunity Protects Law Enforcement Officers Sued Under the Civil Rights Act

Morillo v. Monmouth County Sheriff's Officers, 222 N.J. 104 (2015). It has long been the case, especially under the federal Civil Rights Act, 42 U.S.C. §1983, that law enforcement officers...

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The Final Catch-Up Post: Three Published Appellate Division Decisions

To bring things current, this post summarizes three published Appellate Division opinions that were issued in the recent period. The subject matter of these ruling ranged from construing a Court Rule about reconsideration to applying the Prevention of Domestic Violence Act ("PDVA") to determining whether the Attorney General's office was required to defend and indemnify a Deputy Chief Assistant Prosecutor facing an attorney disciplinary proceeding that arose out of his official duties....

Three Supreme Court Decisions to Catch Up On

This is the second post that catches up with appellate developments last week and this week. The Supreme Court issued rulings in three cases during that period. Two of those appeals involved unanimous opinions. The third engendered a relatively rare 5-2 split among the Justices. Here are summaries:...

Three More Criminal Appeals for the Supreme Court

Much of last week was consumed by a sojourn in Hershey, PA for the Third Circuit Judicial Conference, a very enjoyable and educational experience. As a result, it's time for some catching up. Today's is the first such post....

Statutory Ban on Retroactive Reduction of Court-Ordered Child Support is Inapplicable to Reductions Based on a Child's Emancipation

Bournes v. Harris, ___ N.J. Super. ___ (App. Div. 2026). This post-dissolution appeal from the Family Part involved several questions arising out of a Marital Settlement Agreement ("MSA") entered in a Texas court. In an opinion by Judge Firko, the Appellate Division affirmed a ruling by Judge Lougy, whom the panel identified by name, that New Jersey courts had jurisdiction to enforce and to modify the Texas MSA, and that Judge Lougy properly enforced arrears....