Today, while I was waiting to argue an appeal in the Appellate Division, an argument before mine illustrated the idea that sometimes it is the right move to concede that...

Nielsen v. Wal-Mart Store #2171, 429 N.J. Super. 251 (App. Div. 2013). Defendant Wal-Mart Store #2171 owned a unit in a multi-unit condominium development owned by another defendant. Plaintiff was an employee...

At last night's NJSBA Appellate Practice Committee meeting, we heard a report on Appellate Division statistics for the preceding court year (the meeting was to have occurred in the fall...

In separate Orders issued on January 4 and made public today, Chief Justice Rabner has reassigned Judge Ashrafi to Part G of the Appellate Division and Judge Hayden to Part...

This first post of 2013 discusses a fundamental principle of appellate review: "our appellate courts will decline to consider questions or issues not properly presented to the trial court when...

Onyx Leasing Systems, Inc. v. Stevens, 2012 N.J. Super. Unpubl. LEXIS 2830 (App. Div. Dec. 28, 2012). Amercement is a cause of action that, according to the per curiam opinion in...

As reported here, the Supreme Court of New Jersey previously granted review of Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011), a putative consumer class action...

L&W Supply Corp. v. DeSilva, 429 N.J. Super. 179 (App. Div. 2012). In Craft v. Stevenson Lumber Yard, Inc., 179 N.J. 56 (2004), the Supreme Court ruled that a supplier of materials...

The Supreme Court announced this morning that it has granted certification in Beim v. Hulfish, 427 N.J. Super. 560 (App. Div. 2012). The decision of the Appellate Division was discussed here. The...

In re Veto of Minutes of New Jersey Racing Comm'n, 429 N.J. Super. 277 (App. Div. 2012). This case, in which Judge Messano wrote the Appellate Division's opinion, involved an unusual statutory...