NJ Appellate Law Blog

Cheating on the Word Limit for Briefs? Your Appeal May be Dismissed

Lawyers, and their clients, often want to file longer appellate briefs than the rules allow, or than judges desire. When the length of appellate briefs was governed by page limits,...

History of Domestic Disputes Supports Denial of Gun Permit

In re Appeal of Z.L. From Denial of Firearms Purchaser Identification Card and Handgun Permits, 440 N.J. Super. 351 (App. Div. 2015). Z.L. applied for a firearms purchaser identification card...

Emancipation of a Child Terminates Child Support

Llewelyn v. Shewchuk, 440 N.J. Super. 207 (App. Div. 2015). Orders directing that one parent in a divorce provide payments of child support terminate once the child become emancipated. Yesterday's...

Three More Judges Temporarily Assigned to the Appellate Division

Orders of Chief Justice Rabner that temporarily assigned three judges to the Appellate Division, in addition to any other assignments, were released on Friday, April 10. The three judges are...

Another Failure to Act by COAH, and Another Court Gives a COAH Power to the Courts Instead

In re Failure of the Council on Affordable Housing to Adopt Trust Fund Commitment Regulations, 440 N.J. Super. 220 (App. Div. 2015). The Fair Housing Act, N.J.S.A. 52:27D-329.2(a), states that...

State v. Czachor

Thirty five years ago today, the Supreme Court decided State v. Czachor, 82 N.J. 392 (1980). In an opinion by Justice Handler, the Court revolutionized the criminal law by abandoning...

The Appellate Division Addresses a "Rehash"

New Jersey Healthcare Coalition v. New Jersey Dep't of Banking & Insurance, 440 N.J. Super. 129 (App. Div. 2015). According to today's opinion by Judge Reisner, every few years "health...

Land is Not "Insured Property" Under the Standard Flood Insurance Policy

Torre v. Liberty Mutual Fire Ins. Co., 781 F.3d 651 (3d Cir. 2015). This per curiam opinion deals with insurance coverage for the removal from plaintiffs' land of Hurricane Sandy-generated...

A Tour (De Force) Through the Evidence Rules as Applied to Expert Testimony

James v. Ruiz, 440 N.J. Super. 45 (App. Div. 2015). This opinion by Judge Sabatino is like the law school evidence class that some of us wish we had taken....

FLSA Plaintiff Wins Under an Exception to an Exemption

McMaster v. Eastern Armored Services, Inc., 780 F.3d 167 (3d Cir. 2015). Plaintiff Ashley McMaster was a driver and/or guard (some days she drove, and other days she rode as a...

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Appellate Division Oral Argument of the Week: What Effect Does the Federal Ending Forced Arbitration Act Have in a Hostile Work Environment Case?

Tomorrow, September 16, judges on Part B of the Appellate Division will hear oral argument in Cintron v. Brink's, Incorporated. That is a hostile work environment case brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq....

Two Criminal Appeals and Two Eminent Domain Cases for the Supreme Court

The Supreme Court announced that it has granted review in four new cases. Two of them are criminal matters. The other two involve eminent domain issues. One of the criminal appeals is before the Court on leave to appeal, the second grant of leave to appeal in the current Term. The Court granted certification in the other three matters....

Appellate Division Oral Argument of the Week: Can the Borough of Caldwell Recoup Payment for Professional Services That it Previously Made?

Tomorrow, September 11, a panel of judges on the Appellate Division's Part B will hear oral argument in Borough of Caldwell v. Cozzarelli-Cirminiello Architects, LLC. The case is before the Appellate Division following the grant of defendant's motion for leave to appeal the denial of its motion to dismiss the Complaint....

The First Published Appellate Division Opinion of the 2025-26 Term

Alcantara v. Moro, ___ N.J. Super. ___ (App. Div. 2025). Judge Smith authored this opinion for the Appellate Division, that court's first published opinion of the new Term. The appeal was from a final decision of the Commissioner of the New Jersey Department of Education that the School Funding Reform Act, N.J.S.A. 8A:7F-43 et seq. ("SFRA"), was constitutional as applied to the Township of Lakewood....