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

Property Owner is Not Liable for Injuries to Dirt Bike Rider Who Did Not Have Permission to Ride on the Property

Callahan v. Tri-Borough Sand & Stone, 478 N.J. Super. 505 (App. Div. 2024). N.J.S.A. 39:3C-18 addresses the liability of property owners when certain types of vehicles are operated on their...

One More New Case for the Supreme Court

The Supreme Court announced that it has granted certification in one more new case. The case is Brehme v. Irwin. The question presented, as phrased by the Supreme Court Clerk's...

Two New Supreme Court Grants of Review

The Supreme Court announced that it has granted review in two new appeals. One matter is before the Court on leave to appeal, while the Court granted certification in the...

Operator of Low-Speed Electric Scooter is Not a "Pedestrian" Entitled to Personal Injury Protection Under the No-Fault Act

Goyco v. Progressive Ins. Co., 257 N.J. 313 (2024). Plaintiff was hit by a car while he was operating a low-speed electric scooter ("LSES"), a Segway Ninebot KickScooter Max. As...

The Wage Payment Law Does Not Override An Independent Contractor Agreement Between A Real Estate Salesperson And A Broker For Whom The Salesperson Works

Kennedy v. Weichert Co., 257 N.J. 290 (2024). As discussed here, this putative class action case addressed whether written agreements under which plaintiff, a licensed real estate salesperson, entered in...

Non-Disparagement Provision in Law Against Discrimination Settlement Agreement Violates Public Policy

Savage v. Township of Neptune, 257 N.J. 204 (2024). N.J.S.A. 10:5-12.8(a) ("section 12.8") is a provision of the New Jersey Law Against Discrimination ("LAD"). Enacted in 2019 during the "#MeToo"...

Another Overbreadth Decision by the Supreme Court

State v. Higginbotham, 257 N.J. 260 (2024). Earlier this week, as discussed here, the Supreme Court unanimously invalidated a portion of a regulation due to its overbreadth, which violated the...

The Supreme Court Voids, As Overbroad, A Regulation to the Extent That It Requires State Harassment or Discrimination Investigators to "Request" That Interviewees "Not Discuss Any Aspect of the Invest

Usachenok v. State of New Jersey, Department of the Treasury, 257 N.J. 184 (2024). N.J.A.C. 4A:7-3.1(j) is a regulation intended "to protect the integrity of the investigation [of harassment or...

The Second Half of April

In the second half of April, the Supreme Court issued one published opinion and the Appellate Division delivered four such rulings. Here are summaries: C.R. v. M.T., 248 N.J. 428...

It's That Time Again: Appellate Division Summer Parts

In an Order available here, Chief Justice Rabner announced the summer Part schedule for the Appellate Division. The term "Summer Parts," which has not been formally used by the courts...

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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...