NJ Appellate Law Blog

"Deemed Adopted" Administrative Law Judge Disciplinary Decision Gets the Same Deference on Appeal as Agency's Imposition of Discipline or Trial Court's Sentencing Decision

In re Hendrickson, 235 N.J. 145 (2018). This first Supreme Court opinion of the current Term is by Justice Albin. The opening paragraphs of his ruling concisely and completely describe...

Unlike Municipal License Fees for Landlords, Municipal Fees to Defray Costs of Inspecting Apartment Units Are Authorized

Cona v. Township of Washington, 456 N.J. Super. 197 (App. Div. 2018). In Timber Glen Phase III, LLC v. Hamilton Tp., 441 N.J. Super. 514 (App. Div. 2015), the Appellate...

A Big (In Every Way) Decision Under the New Jersey Constitution's Legislative Review Clause

Communications Workers of America, AFL-CIO v. New Jersey Civil Service Commission, 234 N.J. 483 (2018). In one of the biggest constitutional decisions of the current term, an unusually divided Supreme...

The Supreme Court Takes Up Two More Criminal Cases and a Spill Act Appeal

The Supreme Court announced today that it has granted certification in three more cases. Two of those are criminal appeals, each involving sentencing issues. The third case presents an issue...

A Lesson in Subject Matter Jurisdiction From Judge Greenaway

Adorers of the Blood of Christ v. Federal Energy Regulatory Commission, 897 F.3d 187 (3d Cir. 2018). Transcontinental Gas Pipe Line Company, LLC ("Transco") obtained a certificate of public convenience...

Motor Vehicle Commission Wrongly Sanctioned Car Dealers Without Holding Hearings

Allstars Auto Group, Inc. v. New Jersey Motor Vehicle Commission, 234 N.J. 150 (2018). The New Jersey Motor Vehicle Commission ("NJMVC") imposed fines and suspensions on eight car dealers for...

As the End of the Term Nears, The Supreme Court Takes Two More Cases

The Supreme Court announced that it has granted review in two more cases. In Zimmerman v. Sussex County Educational Services Commission, the question presented, as phrased by the Supreme Court...

No Attorneys' Fees for Retired Public Employee Who Successfully Sued to Enforce Agency Decision Regarding His Pension

Brunt v. Board of Trustees, Police & Firemen's Retirement System, 455 N.J. Super. 357 (App. Div. 2018). In general, except as specified by statute, court rule, or a contract between...

The TCCWNA and Towing Companies

Pisack v. B&C Towing, Inc., 455 N.J. Super. 225 (App. Div. 2018). This decision by Judge Gilson today in three consolidated appeals implicates the Predatory Towing Prevention Act, N.J.S.A. 56:13-7...

Slightly Different Facts Produce Opposite Results in Two Somewhat Similar Cases

Bowser v. Board of Trustees, Police and Firemens Retirement System, 455 N.J. Super. 165 (App. Div. 2018); Mattia v. Board of Trustees, Police and Firemens Retirement System, 455 N.J. Super....

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The 2026 Omnibus Rule Amendments

Today, the Supreme Court published an Omnibus Rule Amendment order. It is available here. The amendments take effect on September 1, 2026....

Much to Catch Up On- Part 3

In addition to issuing a slew of opinions in the recent period (to be the subject of another catch-up post), the Supreme Court granted review in five appeals. All involved grants of certification....

Much to Catch Up On- Part 1

Professional and personal obligations sometimes get in the way of keeping up with our courts. July has been full of appellate law developments that deserve attention. This is the first of several posts that will do that....

Much to Catch Up On- Part 2

Chief Justice Rabner has issued the 2026-27 General Assignment Order, which is available here. As regards the Appellate Division, some things have changed while others remain the same....