NJ Appellate Law Blog

The Benefits of a Protective Cross-Petition

Marcinczyk v. State of New Jersey Police Training Comm'n, 203 N.J. 586 (2010). Apart from the substantive guidance provided by the Supreme Court in this Tort Claims Act opinion by...

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Are Insurance Brokers Exempt From Liability Under the "Learned Professionals" Exception to the Consumer Fraud Act? The Supreme Court Will Decide

The Supreme Court announced that it has granted leave to appeal in Lowe v. Audet. The question presented, as phrased by the Supreme Court Clerk's office, is "Are insurance brokers exempt from liability under the ‘learned professionals' exception to the Consumer Fraud Act?" The Law Division granted a defense motion to dismiss. A two-judge Appellate Division panel affirmed in an unpublished per curiam opinion....

"A Child in Common"- Jurisdiction for Protective Orders Under the Victim's Assistance and Survivor Protection Act or the Prevention of Domestic Violence Act

C.J.S. v. A.S., 2025 N.J. Super LEXIS _______ (App. Div. Nov. 18, 2025). [Disclosure: I represented the successful plaintiff in this appeal.] The Victim's Assistance and Survivor Protection Act, N.J.S.A. 2C:14-13 to -21 ("VASPA"), was enacted to protect against, among other things, cyber-harassment. Only someone "who is not eligible for a restraining order as a ‘victim of domestic violence' as defined by . . . [the Protection of Domestic Violence Act , N.J.S.A. 2C:25:17-35 ("PDVA"]" may invoke VASPA protection....

Appellate Division Oral Argument of the (Upcoming) Week: A $55 Million Tort Verdict

On Tuesday, November 18, judges on Part D will hear oral argument in Rider v. Jersey City Transfer, Inc. The case arose out of an auto accident in Maryland, in which plaintiff, after striking one vehicle with her own car and getting out of the car, was hit by a tractor-trailer owned by defendant. Plaintiff suffered grisly injuries, sued, and obtained a judgment of over $59 million once the $55 million jury verdict was molded. Defendants appealed....

Liability of a General Contractor for Injuries to a Subcontractor's Employee: The Supreme Court Will Decide the Applicable Standard

The Supreme Court announced that it has granted certification in Campoverde v. NY-NJ Link Developer, LLC. The question presented, as phrased by the Supreme Court Clerk's office, is "What is the applicable standard under New Jersey law for determining whether a general contractor owes a duty to a subcontractor's employees for the purpose of determining liability for the injuries sustained by a subcontractor's employee?"...