NJ Appellate Law Blog

The Limitations of Mandamus

Caporusso v. New Jersey Dep't of Health & Senior Services, 434 N.J. Super. 88 (App. Div. 2014). The prerogative writ of mandamus is the centerpiece of this opinion by Judge...

Mother Who Left Infant in Running Automobile While She Bought Party Supplies is Guilty of Child Abuse or Neglect

Department of Children & Families v. E.D.-O., 434 N.J. Super. 154 (App. Div. 2014). Appellant "Eleanor" admitted that she had parked her car about 150 feet from a Dollar Tree...

Ban on Discrimination Against the Unemployed in Job Advertisements is Constitutional

New Jersey Dept' of Labor & Workforce Development v. Crest Ultrasonics, 434 N.J. Super. 34 (App. Div. 2014). N.J.S.A. 34:8B-1 "bars employers seeking to fill job vacancies in this State...

A Written Request is Required in Order to Obtain Records Under OPRA

Bozzi v. City of Atlantic City, 434 N.J. Super. 326 (App. Div. 2014). Plaintiff wanted to get a copy of bid specifications for HVAC work at a local public building....

Administrative Closure of Case Does Not Necessarily Trigger Time to Appeal

McGlynn v. State of New Jersey, 434 N.J. Super. 23 (App. Div. 2014). This was a negligence and wrongful death case. Suit was brought against various defendants, including Jersey Central Power...

Governor Christie Withdraws Hanna Nomination to the Supreme Court

According to a report on nj.com today, Governor Christie is withdrawing his nomination of Robert Hanna to the Supreme Court. Hanna and Governor Christie's other Supreme Court nominee, Monmouth County...

"Capable of Repetition Yet Evading Review": A Mess Involving Referendum Statutes

Finkel v. Hopewell Tp. Committee, 434 N.J. Super. 303 (App. Div. 2013). This case involves the principle of "capable of repetition yet evading review" to defeat a mootness argument. That...

Access Easements

Caribbean House, Inc. v. North Hudson Yacht Club, 434 N.J. Super. 220 (App. Div. 2013). This decision by Judge Accurso, issued today, involves an "easement of way," or an access...

Personal Jurisdiction Goes Only So Far

Baanyan Software Services, Inc. v. Kuncha, 433 N.J. Super. 466 (App. Div. 2013). Under Rule 4:4-4, New Jersey asserts personal jurisdiction over defendants to the outer limits of what due...

Criminal Charges Against an Employee Who Steals Her Employer's Documents to Aid in Her Separate Employment Discrimination Suit

This post is by my colleague Jeffrey A. Shooman. He discusses an important criminal law decision that the Appellate Division issued today. State v. Saavedra, 433 N.J. Super. 501 (App. Div. 2013). At...

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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....

The First Supreme Court Grant of Review in the 2025-26 Term

The Supreme Court announced that it has granted leave to appeal in State v. Caneiro, a quadruple homicide case. The question presented, as phrased by the Supreme Court Clerk's office, is "Under the circumstances presented, where defendant's house was on fire, was the warrantless seizure of evidence from the garage justified under the exigent circumstances exception to the warrant requirement?"...