NJ Appellate Law Blog – NJ Appellate Lawyer Bruce D. Greenberg blogs about Appeals and Appellate Law Practice

Condemnation Commissioners' Award Becomes "Nugatory" Upon Appeal and Cannot be Reinstated

State, Comm'r of Transportation v. Shalom Money Street,LLC, 432 N.J. Super. 1 (App. Div. 2013). What happens to an award issued by condemnation commissioners for a taking when parties appeal that award...

Two Issues Under the Construction Statute of Repose

Town of Kearny v. Brandt, 214 N.J. 76 (2013). Deciding when the ten-year construction statute of repose, N.J.S.A. 2A:14-1.1, begins to run is often a difficult issue for courts. In this case,...

Supreme Court Denies Review of Senatorial Election Dispute

This afternoon, the Supreme Court issued an Order denying plaintiffs' petition for certification in this election matter. As the Order notes, that disposition moots plaintiffs' request for emergent relief. The special...

New Jersey State Firemen's Association is a "Public Agency" for Open Public Records Act Purposes

Paff v. New Jersey State Firemen's Ass'n, 431 N.J. Super. 278 (App. Div. 2013). John Paff is a frequent litigant under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. ("OPRA"). He...

When "Piecemeal" Adjudication is Required

Waskevich v. Herold Law, P.A., 431 N.J. Super. 293 (App. Div. 2013). What happens in a case where the parties have agreed to arbitrate some claims between them but not others? Do...

Supreme Court Schedules Briefing on Senatorial Election Challenge

The Supreme Court has issued a schedule for briefing on the emergent appeal by parties challenging Governor Christie's scheduling of special elections to fill the United States Senate seat held by Senator Lautenberg...

Appellate Division Rejects Challenge to Special Senatorial Election Process

Having agreed to review on an emergent basis an attack on Governor Christie's decision to schedule a special primary in August and a general election in October to fill the...

Frustration of Purpose and Impossibility of Performance Must be Pleaded as Affirmative Defenses

JB Pool Management, LLC v. Four Seasons at Smithville Homeowners Ass'n, Inc., 431 N.J. Super. 233 (App. Div. 2013). Plaintiff, a pool management company, contracted with defendant condominium association to supply lifeguards...

A Flaw in a Model Jury Charge, Part 2

Flood .v. Aluri-Vallabhaneni, 431 N.J. Super. 365 (App. Div. 2013). On June 4, in Koseoglu v. Wry, 431 N.J. Super. 140 (App. Div. 2013), a panel consisting of Judges Messano, Lihotz and Kennedy, in...

Appellate Division Will Hear a Challenge to the Special Senatorial Election

In an Order filed late yesterday, and available here, the Appellate Division granted the emergent application of challengers to Governor Christie's writ of election that scheduled a special primary election...

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With the Appellate Division's Recess Over, The Appellate Division Oral Argument of the Week is Another Waiver of Arbitration Case

On Tuesday, April 29, judges on Part F of the Appellate Division will hear oral argument in Newport Associates Development Co. v. Chubb Ins. Co. The appeal arises out of the denial by the Law Division of the motion of defendant AIG Specialty Insurance Company ("ASIC") to compel arbitration of plaintiffs' claim for indemnity in connection with underlying litigation with Consolidated Edison Company of New York, Inc. and Public Service Electric and Gas Company. The Law Division held that ASIC had waived its contractual right to demand arbitration....

Another Quartet of New Cases for the Supreme Court

The Supreme Court announced that it has granted certification in four new appeals. Three are from unpublished opinions of the Appellate Division, while the fourth is from a published decision in a criminal case....

A Recess for the Appellate Division, and for This Blog

The Appellate Division is in a recess this week and next. No oral arguments will occur during that period....

Appellate Division Oral Argument of the Week: Has the School Funding Reform Act Denied Lakewood Public School Students the Constitutionally-Required "Thorough and Efficient" Education?

On Tuesday, April 8, judges on Part D will hear oral argument in Alcantar v. Allen-McMillan, a case filed in 2014 in which the Appellate Division has ruled before, 475 N.J. Super. 56 (App. Div. 2023). This appeal follows on the Appellate Division's prior ruling, unappealed by the State...