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

Parent Did Not "Abandon" Child So As to Lose Right to Share of Son's Intestate Estate

In re Estate of Michael D. Fisher, II, 443 N.J. Super. 180 (App. Div. 2015). Under N.J.S.A. 3B:5-4(b), when a person dies with no spouse or children, the person's parents...

OPRA Records Custodian Cannot Bring Declaratory Judgment Case to Preempt OPRA Suit by Requestor

In re New Jersey Firemen's Ass'n Obligation to Provide Relief Applications Under the Open Public Records Act, 443 N.J. Super. 238 (App. Div. 2015). The OPRA (Open Public Records Act)...

OPRA Demand for Information About Certain Out-of-State Travel by Governor Christie Was Properly Denied

Lagerkvist v. Office of the Governor, 443 N.J. Super. 230 (App. Div. 2015). Plaintiff, a journalist, made a request under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. ("OPRA")...

An Easy Statute of Limitations Case for the Supreme Court

In re Petition for Referendum to Repeal Ordinance 2354-12 of West Orange Tp., 223 N.J. 589 (2015). This appeal involved the timeliness of a challenge to a bond ordinance for...

Important Choice of Law Decisions Coming From the Supreme Court

Yesterday, the Supreme Court announced that it had granted review in Ginsberg v. Quest Diagnostics, Inc., 441 N.J. Super. 198 (App. Div. 2015), briefly summarized here. (Confirming that nobody is...

"Appeals Are Taken From Judgments and Not From Opinions, Let Alone Dicta"

Bandler v. Melillo, 443 N.J. Super. 203 (App. Div. 2015). It is a venerable rule that a party may appeal only a judgment, not the contents of an opinion that...

Judges Suter and Vernoia Are Elevated to the Appellate Division

As discussed here, Judges Karen Suter and Francis Vernoia have been serving temporarily on the Appellate Division since October 19, 2015. Their temporary appointments were scheduled to end on December...

The 1,000th Post: A Rare Published Affirmance on the Opinion Below

In re Adoption of Monroe Tp. Housing Element and Fair Share Plan, 442 N.J. Super. 563 (App. Div. 2015). Many intermediate appellate courts frequently issue opinions that affirm on the...

Humpty Dumpty and Joyce Kilmer, Together, Thanks to Judge Fisher

Freedman v. Sufrin, 443 N.J. Super. 128 (App. Div. 2015). This opinion by Judge Fisher today involved the proper interpretation of a restrictive covenant that purported to restrict the removal...

A Labor Union's Discipline of One of Its Members

Sheet Metal Workers Local Union 22 v. Kavanagh, 443 N.J. Super. 39 (App. Div. 2015). This opinion by Judge Currier today addressed an appeal by defendant, a former member of...

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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...