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

Qualified Immunity Denied Based on Dispute About Material Facts

Baskin v. Martinez, 243 N.J. 112 (2020). This Civil Rights Act case involved what Justice Albin, writing for the four-Justice majority, labeled a claim that "a justifiable police chase ended...

Several Statutes and Common Law Permit an Assignee of a Mortgage Note That Was Lost by the Assignor to Enforce the Note

Investors Bank v. Torres, 243 N.J. 25 (2020). As discussed here, the Appellate Division, in an opinion reported at 457 N.J. Super. 53 (App. Div. 2018), affirmed a summary judgment...

As June Ends, Three Opinions From the Supreme Court

Unlike the Supreme Court of the United States, which customarily (though apparently not this year) issues all its opinions for the term by June 30, the Supreme Court of New...

Rooming House Operators Have No Statutory or Common Law Duty to Conduct Background Checks on Prospective Occupants in Order to Protect Other Occupants

Estate of Campagna v. Pleasant Point Properties, LLC, 464 N.J. Super. 153 (App. Div. 2020). This opinion is a magnum opus by Judge Sabatino. But he well summarized the ruling...

An Assortment of New Cases for the Supreme Court

The Supreme Court announced that it has granted certification in five new cases. They include a consumer class action, a parole matter, a criminal appeal, and two insurance-related cases. The...

The Tort of Intrusion Upon Seclusion

Friedman v. Martinez, 242 N.J. 450 (2020). The Torts class in the first year of law school deals with, among other things, the tort of intrusion upon seclusion. It is...

Making Up Ground

Due to a personal matter, there have been no posts on this blog since June 2. This post will summarize some of the decisions from our appellate courts since that...

Five More Cases for the Supreme Court

The Supreme Court announced that it has granted certification in five new cases. Two of them involve published opinions of the Appellate Division. Delanoy v. Township of Ocean resulted in...

Avis Budget Group Cannot Force Customers to Arbitrate

Bacon v. Avis Budget Group, Inc., 959 F.3d 590 (3d Cir. 2020). Plaintiffs rented vehicles from defendant Payless Car Rental, Inc., a subsidiary of defendant Avis Budget Group, Inc. (together,...

When is an Ordinance a "Zoning Ordinance"?

Shipyard Associates, L.P. v. City of Hoboken, 242 N.J. 23 (2020). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represents the City of Hoboken and certain of its agencies and officials...

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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...