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

Judge Mayer Will Become Presiding Judge of the Appellate Division's Part G

In an Order available here, Chief Justice Rabner announced that, effective March 11, 2024, Judge Mayer will become Presiding Judge of Part G of the Appellate Division. This is the...

The Administrative Agency Standard of Review Applies to Internal Decisions of a University Regarding Removal of a Tenured Faculty Member

Ng v. Fairleigh Dickinson University, 478 N.J. Super. 41 (App. Div. 2024). This opinion by Judge Smith upheld the decision of the Board of Trustees to terminate the employment of...

Judge Gooden Brown Will Become Presiding Judge of Part D of the Appellate Division

Judge Haas, the Presiding Judge of the Appellate Division's Part D, will soon reach age 70, the mandatory judicial retirement age. As a result, as stated in a February 12...

Two Statutory Interpretation Decisions: One Involving Discipline of a Tenured Teacher and the Other About Unemployment Tax Payments for Court Reporters

Yesterday, the Supreme Court decided Sanjuan v. School District of West New York, 256 N.J. 369 (2024). There, plaintiff, a long-serving teacher who was also an assistant principal and tenured...

To Start the Week, A Catch-Up Post

While the Supreme Court has been quiet since it handed down this decision, the Appellate Division has issued six published opinions during the recent period. Here are summaries of those...

Three New Supreme Court Grants of Certification

The Supreme Court announced yesterday that it has granted certification in three new matters. One of them is a taxation appeal, a type of matter that does not frequently appear...

Judge William A. Dreier, Died February 2 at Age 86

Judge William A. Dreier, a fellow alumnus of Columbia Law School, died on February 2. He was 86 years old. Judge Dreier was a fixture on the bench for approximately...

Two Megan's Law Cases for the Supreme Court

The Supreme Court announced today that it has granted certification in two new cases, both involving Megan's Law. The cases, In the Matter of J.A. and In the Matter of...

Policyholder Loses in the Supreme Court on Claims for Business Interruption Insurance Coverage for COVID-19 Losses

AC Ocean Walk, LLC v. American Guarantee & Liability Ins. Co., 256 N.J. 294 (2024). [Disclosure: I was one of the counsel for United Policyholders, an amicus in support of...

Two Supreme Court Rulings in Criminal Appeals

Yesterday and today each saw a decision by the Supreme Court in criminal matters. Today's ruling in State v. Hill, 256 N.J. 266 (2024), authored by Justice Wainer Apter, involved...

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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...