NJ Appellate Law Blog

Tailoring Required: The Appellate Division Reins in Overbroad OPRA Requests

This is a guest post by Jeffrey A. Shooman, my colleague at Lite DePalma Greenberg, LLC. Shipyard Associates, L.P. v. City of Hoboken, 2015 N.J. Super. Unpub. LEXIS 2117 (App....

Mootness, and Some Useful Reminders

State v. Ross, 441 N.J. Super. 120 (App. Div. 2015). This characteristically concise opinion by Judge Fisher involved an order by the Law Division in this criminal case that granted...

Damages for Defamation, and a Statute of Limitations Issue

NuWave Investment Corp. v. Hyman Beck & Co., 221 N.J. 495 (2015). This short per curiam opinion, issued today, affirmed the ruling of the Appellate Division, which was reported at...

"Extraordinary Circumstances" Justifying Late Notice of Tort Claim

Beyer v. Sea Bright Borough, 440 N.J. Super. 424 (App. Div. 2015). The New Jersey Tort Claims Act, N.J.S.A. 59:8-8, requires anyone who wants to bring a tort claim against...

Motions for Reconsideration, and "Little Used" Statutes Protecting the Priority of Employees' Wages Against Creditors of the Employer

The Pitney Bowes Bank, Inc. v. ABC Caging Fulfillment, 440 N.J. Super. 378 (App. Div. 2015). There are not many published appellate opinions that discuss the rules for levying or...

Severance of and Discovery Regarding UIM and Bad Faith Claims

Wacker-Ciocco v. Gov't Employees Ins. Co., 439 N.J. Super. 603 (App. Div. 2015). In Procopio v. Gov't Employees Ins. Co., 433 N.J. Super. 377 (App. Div. 2013), discussed here, the...

No Constitutional Right to Encroach on State Property

State v. Cherry Hilll Mitsubishi, Inc., 439 N.J. Super. 462 (App. Div. 2015). The State brought a summary action against the defendant car dealers, alleging that those dealers had been encroaching on...

The Anniversary of Lopez v. Swyer

On this date in 1973, the Supreme Court decided Lopez v. Swyer, 62 N.J. 267 (1973). That opinion, written by Justice Mountain for a unanimous Court, applied and extended the...

Ascertainability Uber Alles? Not in a (b)(2) Class Action, Says the Third Circuit

Shelton v. Bledsoe, 775 F.3d 554 (3d Cir. 2015). In Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013), a damages class action under Federal Rule of Civil Procedure Rule...

Immunity for Actions of Hospital Internal Review Committees

Hurwitz v. AHS Hospital Corp., 438 N.J. Super. 269 (App. Div. 2014). The Healthcare Quality Improvement Act of 1986 ("HCQIA"), 42 U.S.C. §§11111-11112, creates an immunity from damages claims arising...

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"A Child in Common"- Jurisdiction for Protective Orders Under the Victim's Assistance and Survivor Protection Act or the Prevention of Domestic Violence Act

C.J.S. v. A.S., 2025 N.J. Super LEXIS _______ (App. Div. Nov. 18, 2025). [Disclosure: I represented the successful plaintiff in this appeal.] The Victim's Assistance and Survivor Protection Act, N.J.S.A. 2C:14-13 to -21 ("VASPA"), was enacted to protect against, among other things, cyber-harassment. Only someone "who is not eligible for a restraining order as a ‘victim of domestic violence' as defined by . . . [the Protection of Domestic Violence Act , N.J.S.A. 2C:25:17-35 ("PDVA"]" may invoke VASPA protection....

Appellate Division Oral Argument of the (Upcoming) Week: A $55 Million Tort Verdict

On Tuesday, November 18, judges on Part D will hear oral argument in Rider v. Jersey City Transfer, Inc. The case arose out of an auto accident in Maryland, in which plaintiff, after striking one vehicle with her own car and getting out of the car, was hit by a tractor-trailer owned by defendant. Plaintiff suffered grisly injuries, sued, and obtained a judgment of over $59 million once the $55 million jury verdict was molded. Defendants appealed....

Liability of a General Contractor for Injuries to a Subcontractor's Employee: The Supreme Court Will Decide the Applicable Standard

The Supreme Court announced that it has granted certification in Campoverde v. NY-NJ Link Developer, LLC. The question presented, as phrased by the Supreme Court Clerk's office, is "What is the applicable standard under New Jersey law for determining whether a general contractor owes a duty to a subcontractor's employees for the purpose of determining liability for the injuries sustained by a subcontractor's employee?"...

Proposed New Supreme Court Briefing Procedures

The Supreme Court issued a Notice, available here, that proposes to revolutionize the process for briefing in the Supreme Court. If adopted, the new procedures would require substantial revisions to Rule 2:12, which currently governs Supreme Court briefing....