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

When Can Someone Become an Amicus Curiae (Friend of the Court) on Appeal?

There are times when a non-party to a case would like to have his, her, or its views heard by an appellate court. A way to do that is to...

"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...

The Anniversary of the "Seat Belt Defense" Decision

Twenty seven years ago today, the Supreme Court decided Waterson v. General Motors Corp., 111 N.J. 238 (1988). Until then, the Court had not spoken about the effect of seat...

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...

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...

Consequential Damages Caused by Construction Subcontractor's Defective Work Were "Property Damage" and an "Occurrence" Under CGL Insurance Policy

Cypress Point Condominium Ass'n, Inc. v. Adria Towers, LLC, 441 N.J. Super. 369 (App. Div. 2015). A condominium association sued multiple parties, including insurers under commercial general liability ("CGL") insurance...

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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...