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

Two FDCPA Opinions From Judge Porter

Moyer v. Patenaude & Felix, A.P.C., ___ F.3d ___ (3d Cir. 2021); Klotz v. Celentano Stadtmauer and Walentowicz LLP, ___ F.3d ___ (3d Cir. 2021). These two opinions, both by...

Successor Liability (or Non-Liability) on a Commercial Lease

160 West Broadway Associates, LP v. 1 Memorial Drive, LLC, ___ N.J. Super. ___ (App. Div. 2021). Judge Messano issued this opinion for the Appellate Division today. Though there were...

The Supreme Court Addresses the Pregnant Workers Fairness Act

Delanoy v. Township of Ocean, ___ N.J. ___ (2021). As discussed here, the Appellate Division issued the first opinion regarding the Pregnant Workers Fairness Act, a component of the New...

The Latest on Equitable Subrogation, From Judge Geiger

New York Mortgage Trust v. Deely, ___ N.J. Super. ___ (App. Div. 2021). Every few years, the Appellate Division publishes an opinion about equitable subrogation. Equitable subrogation, "rooted in principles...

Employment Discrimination Based on an Employee's Youth: An Anniversary

Most of us think that age discrimination in employment claims are limited to plaintiffs who allege discrimination based on their advanced age. But on this date in 1999, the Supreme...

Paid "Release Time" for Certain Jersey City Teachers to Handle Union Business Such as Resolving Labor Disputes is Allowed by Statute and is Constitutional

Rozenblit v. Lyles, ___ N.J. ___ (2021). This case involved the question of whether a bargained-for "release time" provision in a collective bargaining agreement between the Jersey City School District...

Getting Current With the Appellate Division

The past few days have been especially busy ones in my practice. The Appellate Division has likewise been quite busy issuing published opinions as January turned to February. Here are...

The Supreme Court Upholds a Big Win for New Jersey Transit

New Jersey Transit Corp. v. Certain Underwriters at Lloyd's London, ___ N.J. ___ (2021). As summarized here, this was an insurance coverage dispute arising out of Superstorm Sandy. New Jersey...

No Affidavit of Merit Needed for Vicarious Liability Claim Based Solely on Actions of Person Not Listed Among "Licensed Persons" by the Affidavit of Merit Statute

Haviland v. Lourdes Medical Center of Burlington County, Inc., 466 N.J. Super. 126 (App. Div. 2021). In her opinion for the Appellate Division in this case today, Judge Rose summed...

The Supreme Court Follows Plain Statutory Language and Limits the "Good Faith Defense" Under the Wage and Hour Law

Branch v. Cream-O-Land Dairy, ___ N.J. ___ (2021). As summarized here, the Appellate Division in this overtime Wage and Hour Law ("WHL") class action case reversed a summary judgment ruling...

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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...