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

Appellate Division Summer Part Schedule is Announced

Today, in a Notice to the Bar that can be found here, the schedule of summer parts of the Appellate Division was announced. Each pairing of two judges (or, in...

Supreme Court Will Review Hill International, Inc. v. Atlantic City Bd. of Educ.

The Supreme Court announced this morning that it has granted review of the Appellate Division's decision in Hill International, Inc. v. Atlantic City Bd. of Educ., 438 N.J. Super. 562...

Law of the Case Doctrine Does Not Extend From One Party to Another Party Not in Privity

State v. K.P.S., 221 N.J. 266 (2015). Two defendants who had been charged in the same indictment with many of the same crimes sought to suppress certain evidence. The Law...

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...

Supreme Court Will Review Mortgage Grader, Inc. v. Ward & Olivo, LLP

The Supreme Court announced late yesterday that it has granted certification to review Mortgage Grader, Inc. v. Ward & Olivo, LLP, 438 N.J. Super. 202 (App. Div. 2014). The decision of the...

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...

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....

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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...