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

Reading the Plain Language of the Patients First Act

Nicholas v. Mynster, 213 N.J. 463 (2013). Until the advent of the New Jersey Medical Care Access and Responsibility and Patients First Act, codified in part at N.J.S.A. 2A:53A-41, "in medical-malpractice cases, physician experts...

An Important Administrative Law Appeal to the Supreme Court

Sometimes we all fall behind. On March 21, 2013, the Appellate Division decided In re N.J.A.C. 7:1B-1.1 et seq., 431 N.J. Super. 100 (App. Div. March 21, 2013). A coalition of environmental groups...

No Municipal Liability for 911 Calls

Turner v. Irvington Tp., 430 N.J. Super. 274 (App. Div. 2013). This opinion by Judge Parrillo reversed the denial of the defendant Township's motion for summary judgment in a case that sought...

Grammar and the Municipal Land Use Law

Mahwah Realty Associates, Inc. v. Mahwah Tp., 430 N.J. Super. 247 (App. Div. 2013). This case, in which plaintiffs sought to block development of a health club, has been back and forth to the...

Trial Judge Erred in Limiting Medical Malpractice Plaintiff to One Expert Only

McLean v. Liberty Health System, 430 N.J. Super. 156 (App. Div. 2013). This opinion by Judge Ashrafi addresses a number of evidence issues. The most important, however, relates to the decision of...

Port Authority's Liability for Injuries Varies Depending on Whether Injury Occurred on a Platform or on a Train

Mandal v. Port Authority of New York and New Jersey, 430 N.J. Super. 287 (App. Div. 2013). Plaintiff fell on the platform of a PATH train station and injured herself. She sued...

A Jury, Not a Judge, Must Decide Contested Tort Claims Act Issue of Whether a Public Entity Exercised Discretionary Decisionmaking or Undertook a Mere Ministerial Act

Henebema v. South Jersey Transportation Authority, 430 N.J. Super. 485 (App. Div. 2013). The key issue in this case, in which the opinion of the Appellate Division was written by Judge Fasciale, was...

Anonymity of Intranet Hackers Will Not be Protected

Warren Hospital v. John Does, 430 N.J. Super. 225 (App. Div. 2013). In Dendrite Int'l, Inc. v. Doe No. 3, 342 N.J. Super. 134 (App. Div. 2001), the Appellate Division laid out...

Adverse Inference Charges

Washington v. Perez, 430 N.J. Super. 121 (App. Div. 2013). In proper circumstances, a jury may be told that it can consider the fact that a party did not call a particular...

A Very Important Ruling About Late Notices of Tort Claim

D.D. v. University of Medicine & Dentistry of New Jersey, 213 N.J. 130 (2013). Under the New Jersey Tort Claims Act, N.J.S.A. 59:8-1 et seq. ("TCA"), no lawsuit can be filed against...

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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...