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

Governor Christie Nominates Two to the Supreme Court

Yesterday, Governor Christie announced his nominations to fill the Supreme Court seat that had been occupied by Justice Wallace and the seat the Justice Long will soon vacate as she turns...

Senator Menendez May be Reconsidering as to the Nomination of Judge Shwartz

It is being reported that Senator Menendez has agreed to meet again with Judge Shwartz, in connection with President Obama's nomination of Judge Shwartz to the Third Circuit Court of...

Judge Shwartz's Nomination to the Third Circuit Has Been Stalled

In October, President Obama nominated Judge Shwartz to a seat on the Third Circuit Court of Appeals. Senator Lautenberg promptly hailed that nomination. Senator Menendez did not. Today, major newspapers...

Direct Certification of Cases by the Supreme Court, Bypassing the Appellate Division

The Supreme Court's grant last Thursday of direct certification of the judges' pension case, DePascale v. New Jersey, has generated some controversy. Governor Christie, for example, criticized the Court for preempting Appellate Division review....

Judge Shwartz Nominated to the Third Circuit

President Obama has nominated Magistrate Judge Patty Shwartz to the Third Circuit Court of Appeals. She would fill the "New Jersey seat" that was created when Judge Barry took senior...

Justice Patterson is Sworn In

On September 1, Justice Patterson assumed the Supreme Court seat being vacated by Justice Rivera-Soto. Today, she was publicly sworn in, at a ceremony at Trenton's War Memorial to which...

It's Now "Justice Patterson"

Yesterday, by a 36-0 vote, the Senate rightly confirmed Anne Patterson as a Justice of the Supreme Court of New Jersey. She will assume the seat now held by Justice Rivera-Soto when...

Judge Wefing Replaces Judge Stern on the Supreme Court

Today, Judge Stern reached the mandatory retirement age of 70. Accordingly, Chief Justice Rabner appointed Judge Wefing, the Presiding Judge of the Appellate Division, to the seat that Judge Stern...

An Editorial: The Senate Should Approve the Nomination of Anne Patterson to the Supreme Court

Governor Christie's nomination of Anne Patterson to fill the seat that will soon be vacated by Justice Rivera-Soto won the approval of the Senate Judiciary Committee this week by a vote...

Abbott v. Burke XXI (or is it XXII?)- Lots of Appellate Practice Issues

Abbott v. Burke, 206 N.J. 332 (2011). The merits of this latest decision on the funding necessary to satisfy the mandate of article VIII, section 4, paragraph 1 of the New...

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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...