NJ Appellate Law Blog

Justice James H. Coleman, Jr. (1933-2024)

Justice James H. Coleman, Jr., the first Black Justice to sit on the Supreme Court of New Jersey, died on August 5 at age 91. This post is very late,...

A Rare Appellate Division Published Opinion After a Grant of Reconsideration

State v. Morgan, ___ N.J. Super. ___ (App. Div. 2024). As discussed here, the Appellate Division issued a published opinion in this case. As a reminder, that ruling addressed "a...

Returning From the Break- Supreme Court Opinions

While this blog was on an early August break, the Supreme Court was busy, issuing five opinions. Here are summaries: Delaware River Joint Toll Bridge Comm'n v. George Harms Construction...

Returning From the Break- Appellate Division Opinions

During this blog's early August break, the Appellate Division issued three published opinions. Here are summaries: T.B. v. I.W., ___ N.J. Super. ___ (App. Div. 2024). This was an appeal...

Yesterday and Today

The final two days of July saw one Supreme Court opinion and two published opinions by the Appellate Division. Here are summaries: New Jersey Division of Child Protection & Permanency...

The Past Week in the Appellate Division

Since last Friday, one week ago, the Appellate Division issued three published opinions (not counting its opinion in the Verizon case that the Supreme Court decided yesterday, in which the...

Verizon Loses a Tax Case, as the Supreme Court Affirms an Appellate Division Decision for the Reasons the Appellate Division Gave

Verizon New Jersey, Inc. v. Borough of Hopewell, 258 N.J. 255 (2024). This 6-0 per curiam opinion (Justice Fasciale did not participate) affirmed a 78-page opinion by Judge Accurso at...

Judge Accurso is Assigned to Part C of the Appellate Division for a Short Time, and the Overall Parts Lineup is Rejiggered

Chief Justice Rabner announced that Judge Accurso has been assigned to the Appellate Division's Part C for the period of September 1, 2024-October 31, 2024. The relevant Order is here....

Immunity Under the Landowners Liability Act

Arias v. County of Bergen, ___ N.J. Super. ___ (App. Div. 2024). This was a personal injury case. Plaintiff fell in a hole and sustained injuries while rollerblading on a...

The 2024-25 General Assignment Order

The 2024-25 General Assignment has been issued and is available here. As was true in the 2023-24 Term, there are seven Parts. All but Part C, which has five judges,...

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The Final Catch-Up Post: Three Published Appellate Division Decisions

To bring things current, this post summarizes three published Appellate Division opinions that were issued in the recent period. The subject matter of these ruling ranged from construing a Court Rule about reconsideration to applying the Prevention of Domestic Violence Act ("PDVA") to determining whether the Attorney General's office was required to defend and indemnify a Deputy Chief Assistant Prosecutor facing an attorney disciplinary proceeding that arose out of his official duties....

Three Supreme Court Decisions to Catch Up On

This is the second post that catches up with appellate developments last week and this week. The Supreme Court issued rulings in three cases during that period. Two of those appeals involved unanimous opinions. The third engendered a relatively rare 5-2 split among the Justices. Here are summaries:...

Three More Criminal Appeals for the Supreme Court

Much of last week was consumed by a sojourn in Hershey, PA for the Third Circuit Judicial Conference, a very enjoyable and educational experience. As a result, it's time for some catching up. Today's is the first such post....

Statutory Ban on Retroactive Reduction of Court-Ordered Child Support is Inapplicable to Reductions Based on a Child's Emancipation

Bournes v. Harris, ___ N.J. Super. ___ (App. Div. 2026). This post-dissolution appeal from the Family Part involved several questions arising out of a Marital Settlement Agreement ("MSA") entered in a Texas court. In an opinion by Judge Firko, the Appellate Division affirmed a ruling by Judge Lougy, whom the panel identified by name, that New Jersey courts had jurisdiction to enforce and to modify the Texas MSA, and that Judge Lougy properly enforced arrears....