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

No Emotional Distress Damages for Witnessing Death of Pet

McDougall v. Lamm, 211 N.J. 203 (2012). In Portee v. Jaffee, 84 N.J. 88 (1980), the Supreme Court established limited circumstances under which a person who observes the negligently-caused death...

Rutgers Violated Open Public Meetings Act in Some Respects, But That Statute Gave Plaintiff No Remedy

McGovern v. Rutgers, The State University, 211 N.J. 94 (2012). Plaintiff complained that the Board of Governors of Rutgers, The State University, violated the Open Public Meetings Act, N.J.S.A. 10:4-6...

Foreign Citizen Whose Admission to the United States Limits Him to a Single Employer is Not "Available for Work" and Eligible for Unemployment Benefits When That Employer Discharges Him

Makutoff v. Board of Review, 427 N.J. Super. 218 (App. Div. 2012). Plaintiff, a Canadian citizen, was employed in this country under a limited work authorization issued by the Department...

Sales Taxes Under the Bankruptcy Code: A Fascinating, and Difficult, Issue of Statutory Interpretation

In re Michael Calabrese, Jr., 689 F.3d 312 (3d Cir. 2012). Most issues of statutory interpretation can be resolved either by the plain language of the statute, by an analysis of...

Can an Insurer, Suspicious of Insurance Fraud, Require Health Providers Who Seek Reimbursement from the Insurer, to Supply Information About Their Ownership Structure and Billing Practices?

Selective Ins. Co. v. Hudson East Pain Management, 210 N.J. 597 (2012). Defendants provided medical treatment to patients who had personal injury protection ("PIP") insurance through plaintiff ("Selective"). The patients assigned their right to...

N.J.S.A. 30:4-24.3 Does Not Allow a Developmentally Disabled Resident of a State Facility to Get Around Open Public Records Act Rules for Disclosure

Caliendo v. Velez, ___ N.J. Super. ___ (App. Div. 2012). N.J.A.C. 10:41-3.2(b) is a Department of Human Services regulation that provides that incident reports prepared by the Division of Developmental...

Supreme Court Will Review State v. Heine

The Supreme Court announced this morning that it has granted certification in State v. Heine, 424 N.J. Super. 48 (App. Div. 2012). The Appellate Division's decision is discussed here. The...

No Surprise: Supreme Court Grants Review of In re Plan for the Abolition of the Council on Affordable Housing

In In re Plan for the Abolition of the Council on Affordable Housing, 424 N.J. Super. 410 (App. Div. 2012), the Appellate Division held that Governor Christie could not unilaterally...

Can Lawyers Who Sue Clients for Fees Recover Attorneys' Fees for Representing Themselves, and What Interest Rate Can They Collect?

The Supreme Court announced today that it will review the not for publication decision in Kern Augustine Conroy & Schoppmann, P.C. v. DiDonato. As phrased by the Supreme Court Clerk's Office,...

Child Support for Children Residing at College

Jacoby v. Jacoby, 427 N.J. Super. 109 (App. Div. 2012). Should child support change because the child has begun to live on campus at a college? Judge Lihotz, writing for the panel...

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146147148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176…Last

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...