NJ Appellate Law Blog

Relief From Judgment Under Rule 4:50-1(f) in a Tax Sale Foreclosure Case

BV001 REO Blocker, LLC v. 53 West Somerset Properties, LLC, ___ N.J. Super. ___ (App. Div. 2021). Judge Ostrer's opinion in this case, issued today, may become the new "go-to"...

The Supreme Court Will Decide the Constitutional Validity of an Indictment Returned by a Virtual Grand Jury

The Supreme Court announced that it has granted review in State v. Vega-Larregui. Pursuant to Rule 2:12-1, the Court granted direct certification of a portion of defendant's motion to dismiss...

Attorneys Whose Retainer Agreements Include Mandatory Arbitration for Malpractice Claims or Fee Disputes Must Explain the Arbitration Clause to the Client Up Front

Delaney v. Dickey, ___ N.J. ___ (2020). Justice Albin's opinion for a unanimous Supreme Court in this case today is an important one for attorneys and their clients. The Court...

Personal Jurisdiction by New Jersey State Courts Over Out-of-State Counsel Admitted Pro Hac Vice in New Jersey Federal Court

Zahl v. Eastland, 465 N.J. Super. 79 (App. Div. 2020). [Disclosure: I have represented the defendants in this matter.] Judge Messano's opinion for the Appellate Division in this case today...

A Dead Person Cannot Bring Suit

Repko v. Our Lady of Lourdes Medical Center, Inc., 464 N.J. Super. 570 (App. Div. 2020). Judge Accurso's brief opinion in this case today addressed a "question [that] appears to...

"Good Cause" is Required to Amend a Complaint After a Scheduling Order Deadline for Amendment Has Passed

Premier Comp Solutions, LLC v. UPMC, 730 F.3d 316 (3d Cir. 2020). Under Rule 15 of the Federal Rules of Civil Procedure, amendments to pleadings are liberally granted. But when...

Powering Up Again

The power outage resulting from last week's storm put a crimp in much of that week. So it is time once again to catch up with our Supreme Court and...

Challenges to Class Representative's Adequacy and to Predominance of Common Issues Fail to Overturn Class Certification in Antitrust Class Case

In re Suboxone Antitrust Litig., 967 F.3d 264 (3d Cir. 2020). In this antitrust class action case, direct purchasers of Suboxone, a prescription pharmaceutical used to treat addiction to opioids,...

Entire Controversy Doctrine Does Not Bar Second Case Brought by Party Who, as a Defendant, Defeated a Prior Case for Failure to State a Claim

Bank Leumi USA v. Kloss, 243 N.J. 218 (2020). As discussed here, this was a case involving a certified question from the Third Circuit Court of Appeals, and for the...

Straight to the Supreme Court for the New Jersey Republican State Committee's Constitutional Challenge to the New Jersey COVID-19 Emergency Bond Act

On July 16, the New Jersey Republican State Committee and other plaintiffs filed suit against Governor Murphy in the Law Division, Mercer County. The lawsuit asserts that the New Jersey...

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Lisa Bigony Appointed Deputy Clerk of the Appellate Division

Chief Justice Rabner announced that Lisa D. Bigony has been named Appellate Division Deputy Clerk for Case Processing, effective today. In that role, according to a press release, she will be "responsible for oversight of the various units of case processing, including paralegal and legal, case processing, Civil Appeals Settlement Program, public access unit, calendaring, final disposition, and records and reception."...

The Supreme Court Grants Review of the Threshold Dismissal of a Trust and Estates Case

The Supreme Court announced that it has granted certification in Dill v. Offray. The question presented, as phrased by the Supreme Court Clerk's office, is "Under the circumstances presented, should the Appellate Division have remanded the matter to the trial court after it held that defendant had standing to assert a counterclaim covering the period of time when the prior beneficiary of the trust was alive, and did defendant state a cognizable claim under the Prudent Investor Act ["PIA"], N.J.S.A. 3B:20-11.1 to -11.12?"...

The 2,500th Post on This Blog: Appellate Division Oral Argument of the Week- Need Rutgers University Obtain State Approval Before Offering Its Academic Programming to Students?

On Tuesday, September 29, judges on the Appellate Division's Part D will hear oral argument in In the Matter of the Applicability of Certain Statutes and Regulations to Rutgers, the State University of New Jersey. The issue is whether New Jersey's Secretary of Higher Education wrongly determined that Rutgers is obligated to comply with regulations promulgated by the Secretary in 2022 that require colleges and universities subject to the Secretary's jurisdiction to go through a process of having their programmatic decisions approved by the Secretary....

Attorneys' Fees and Attorney Disqualification Appeals Reach the Supreme Court

The Supreme Court announced that it has granted review in two new matters. One of them involves a grant of certification, while the other is before the Court on the grant of leave to appeal....