NJ Appellate Law Blog

"No Counterclaims" Clause in Loan Agreement is Invalid

Investors Savings Bank v. Waldo Jersey City LLP, 418 N.J. Super. 149 (App. Div. 2011). A loan agreement provided that all documents relating to the loan were legal, valid, binding and enforceable,...

Some Philadelphia Rail Stations are Unlawfully Handicapped-Inaccessible, Third Circuit Says

Disabled in Action of Pennsylvania v. SEPTA, 635 F.3d 87 (3d Cir. 2011). The Americans with Disabilities Act ("ADA"), a federal statute, by definition applies nationwide. As a result, the Third Circuit's decision in...

Four Judges Temporarily Assigned to the Appellate Division

Chief Justice Rabner has appointed four trial level judges to the Appellate Division on a temporary basis. Judge Patricia B. Roe, who sits in the Family Part, Ocean County, has been...

The Power of a Power of Attorney

AMB Property, LP v. Penn America Ins. Co., 418 N.J. Super. 441 (App. Div. 2011). The plaintiff's warehouse tenant, Mystic, obtained a liability insurance policy from the defendant, through the defendant's agent, Jimcor. Imperial, a...

Two Useful Appellate Practice Principles From the Virgin Islands

Government of the Virgin Islands v. Mills, 634 F.3d 746 (3d Cir. 2011). It's not often that a case from the Virgin Islands affects the law of appellate practice in the Third...

Statutory Amendment Trumps "Law of the Case"

In re Denial of Regional Contribution Agreement Between Galloway Tp. and City of Bridgeton, 418 N.J. Super. 94 (App. Div. 2011). The Council on Affordable Housing ("COAH") denied approval of a regional...

Attorney Side-Switching After City of Atlantic City v. Trupos

Twenty-First Century Rail Corp. v. New Jersey Transit Corp., 419 N.J. Super. 343 (App. Div. 2011). Rule of Professional Conduct 1.9(a) states that "[a] lawyer who has represented a client in a...

No Right to Bring Damage Suit for Insurer's Refusal to Obey Compensation Judge's Order

Stancil v. ACE USA, 418 N.J. Super. 79 (App. Div. 2011). A series of articles in The Star-Ledger in April 2008 exposed a pervasive problem of insurance companies flouting the orders of...

Interlocutory Appeals From PIP Arbitration Decisions are Not Allowed

Allstate New Jersey Ins. Co. v. Neurology Pain Associates, 418 N.J. Super. 246 (App. Div. 2011). The Automobile Insurance Cost Reduction Act ("AICRA") changed the way personal injury protection ("PIP") benefit arbitrations...

Mortgagee Lacks Standing to Enforce Note and Mortgage Unless Documents are Properly Authenticated

Wells Fargo Bank, N.A. v. Ford, 418 N.J. Super. 592 (App. Div. 2011). The question of whether foreclosing mortgagees have the proper proofs to support their cases has been all over the news...

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Appellate Division Oral Argument of the Week: What Effect Does the Federal Ending Forced Arbitration Act Have in a Hostile Work Environment Case?

Tomorrow, September 16, judges on Part B of the Appellate Division will hear oral argument in Cintron v. Brink's, Incorporated. That is a hostile work environment case brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq....

Two Criminal Appeals and Two Eminent Domain Cases for the Supreme Court

The Supreme Court announced that it has granted review in four new cases. Two of them are criminal matters. The other two involve eminent domain issues. One of the criminal appeals is before the Court on leave to appeal, the second grant of leave to appeal in the current Term. The Court granted certification in the other three matters....

Appellate Division Oral Argument of the Week: Can the Borough of Caldwell Recoup Payment for Professional Services That it Previously Made?

Tomorrow, September 11, a panel of judges on the Appellate Division's Part B will hear oral argument in Borough of Caldwell v. Cozzarelli-Cirminiello Architects, LLC. The case is before the Appellate Division following the grant of defendant's motion for leave to appeal the denial of its motion to dismiss the Complaint....

The First Published Appellate Division Opinion of the 2025-26 Term

Alcantara v. Moro, ___ N.J. Super. ___ (App. Div. 2025). Judge Smith authored this opinion for the Appellate Division, that court's first published opinion of the new Term. The appeal was from a final decision of the Commissioner of the New Jersey Department of Education that the School Funding Reform Act, N.J.S.A. 8A:7F-43 et seq. ("SFRA"), was constitutional as applied to the Township of Lakewood....