NJ Appellate Law Blog

Brief Administrative Determination Addressed to Spanish-Speaking Puerto Rican Resident Must be Translated Into Spanish in Its Entirety in Order to Satisfy Due Process

Alicea v. Board of Review, 432 N.J. Super. 347 (App. Div. 2013). In Rivera v. Board of Review, 127 N.J. 578 (1992), a case that, like today's decision, involved a...

An Advertisement: "Extraordinary CLE Program With Justice Patterson; Judges Axelrad (PJAD), Sabatino (JAD), and Stern (PJAD- retired); Bruce D. Greenberg, Esq., and Mattheu Nunn, Esq."

The title of this post is the title of an e-mail that went to members of the Morris County Bar Association to announce a seminar on appellate practice that will...

Extent of Foster Child's Bonding With Foster Family May be Relevant to Relatives' Application for Custody

New Jersey Division of Child Protection & Permanency v. C.S., 432 N.J. Super. 224 (App. Div. 2013). As Judge Fisher noted in today's opinion, in the context of children who...

Party Who Litigated for 21 Months Waived Right to Compel Arbitration

Cole v. Jersey City Medical Center, 215 N.J. 165 (2013). In Cole v. Jersey City Medical Center, 425 N.J. Super. 48 (App. Div. 2012), discussed here, the Appellate Division ruled that defendant,...

Governor Christie Will Not Re-Nominate Justice Hoens to the Supreme Court

Governor Christie announced today that he will not re-nominate Justice Hoens to the Supreme Court once her initial seven-year term expires later this year. Instead, he is nominating Judge Faustino J....

The Supreme Court Rejects "Jury Homework"

State v. Morgan, 217 N.J. 1 (2013). In State v. Morgan, 423 N.J. Super. 453 (App. Div. 2011), discussed here, the Appellate Division found no bar to a trial judge...

"Intertwinement of Issues" Cannot Compel Non-Party to Arbitration Agreement to Arbitrate Claims

Hirsch v. Amper Financial Services, LLC, 215 N.J. 174 (2013). Arbitration is a matter of contract. The issue in this case was whether non-parties to an arbitration agreement could be compelled to...

Railroad Can Take Private Property if "Not Incompatible With the Public Interest" and as "The Exigencies of Business May Demand"

Norfolk Southern Railway Co. v. Intermodal Properties, LLC, 210 N.J. 261 (2013). New Jersey law allows railroads and public utilities to take private property by eminent domain. N.J.S.A. 48:3-17.7 requires that any such taking...

Potential Drainage Issues Do Not Defeat Right to a Variance for Frontage

Ten Stary Dom Partnership v. Mauro, 216 N.J. 16 (2013). Less than two weeks after issuing an opinion about conditional use variances, the Supreme Court today turned to bulk variances...

A Noticeable Drop in Oral Argument Requests in the Appellate Division

In an article available here, Law360 reports today that there has been a precipitious drop in requests for oral argument in the Appellate Division. Citing statistics from the judiciary, the...

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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?"...