NJ Appellate Law Blog

Criminal Defendant Can Present Expert Testimony as to Voluntariness or Reliability of His Confession

The first substantive post of this fourth year of this blog is another guest post on a criminal law decision by my colleague Jeffrey A. Shooman, another member of my...

Same Sex Marriages May Proceed, as Supreme Court Denies Stay Pending Appeal

Today, the Supreme Court issued a unanimous opinion, written by Chief Justice Rabner, denying the State's request to stay the Law Division's ruling that allows same sex marriages in New...

Privacy: The Right to Freedom From Unwarranted Intrusion

Soliman v. The Kushner Companies, Inc., 433 N.J. Super. 153 (App. Div. 2013). Defendants secretly installed hidden surveillance cameras in bathrooms in an office building that they operated. The stated reason...

Judge Fernandez-Vina Clears the Judiciary Committee

Today was the day that the Senate Judiciary Committee held its hearing on the nomination to the Supreme Court of Camden County Superior Court Judge Fausto Fernandez-Vina. The hearing featured...

Despite Government Shutdown, the Third Circuit Will Remain Open

Yesterday, Chief Judge McKee issued an Order of the Chief Circuit Judge Regarding the Operations of the Courts in the Absence of an Appropriation or Continuing Resolution Enacted by the United States Congress...

No Jury Trial Right Under the Insurance Fraud Prevention Act

Allstate New Jersey Ins. Co. v. Lajara, 433 N.J. Super. 20 (App. Div. 2013). Plaintiff insurers sued a number of defendants under the Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to...

The "Narrowest Grounds" Doctrine

B.H. v. Easton Area School District, 725 F.3d 293 (3d Cir. 2013). The majority opinion in this en banc case, written by Judge Smith, begins as follows. "Once again, we...

A Statute Trumps the Common Law

Farmers Mut. Fire Ins. Co. of Salem v. New Jersey Property-Liability Ins. Guar. Ass'n, 215 N.J. 552 (2013). Today's unanimous opinion by Justice Albin addresses the proper allocation of environmental cleanup...

"Building the Trial Record and Arguing it on Appeal"

This seminar, sponsored by the Morris County Bar Association, took place last night. The headliners of the panel of presenters were Justice Patterson and Judges Axelrad, Sabatino, and Stern. [Disclosure:...

When Does Mootness of an Appeal Require Vacation of the Decision Being Appealed?

Lightner v. 1621 Route 22 West Operating Co., LLC, 729 F.3d 235 (3d Cir. 2013). This short decision by Judge Ambro addressed a narrow question: when does the mootness of...

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Appellate Division Oral Argument of the Week: What Effect Does the Federal Ending Forced Arbitration Act Have in a Hostile Work Environment Case?

Tomorrow, September 16, judges on Part B of the Appellate Division will hear oral argument in Cintron v. Brink's, Incorporated. That is a hostile work environment case brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq....

Two Criminal Appeals and Two Eminent Domain Cases for the Supreme Court

The Supreme Court announced that it has granted review in four new cases. Two of them are criminal matters. The other two involve eminent domain issues. One of the criminal appeals is before the Court on leave to appeal, the second grant of leave to appeal in the current Term. The Court granted certification in the other three matters....

Appellate Division Oral Argument of the Week: Can the Borough of Caldwell Recoup Payment for Professional Services That it Previously Made?

Tomorrow, September 11, a panel of judges on the Appellate Division's Part B will hear oral argument in Borough of Caldwell v. Cozzarelli-Cirminiello Architects, LLC. The case is before the Appellate Division following the grant of defendant's motion for leave to appeal the denial of its motion to dismiss the Complaint....

The First Published Appellate Division Opinion of the 2025-26 Term

Alcantara v. Moro, ___ N.J. Super. ___ (App. Div. 2025). Judge Smith authored this opinion for the Appellate Division, that court's first published opinion of the new Term. The appeal was from a final decision of the Commissioner of the New Jersey Department of Education that the School Funding Reform Act, N.J.S.A. 8A:7F-43 et seq. ("SFRA"), was constitutional as applied to the Township of Lakewood....