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

A Patient Safety Act Case for the Supreme Court

The Supreme Court announced that it has granted leave to appeal in Keyworth v. CareOne at Madison Avenue, a matter that actually involves two consolidated cases. The question presented, as...

Though New Jersey Plaintiff, Not Utah Defendant, Originated Their Business Relationship, New Jersey Still Has Personal Jurisdiction Over Defendant

Allure Pet Products, LLC v. Donnelly Marketing & Development LLC, 477 N.J. Super. 541 (App. Div. 2024). Today's opinion by Judge Sabatino in this case dealt with the question of...

An Insurance Rescission Anniversary

On January 16, 1991, the Supreme Court decided Mass. Mut. Life Ins. Co. v. Manzo, 122 N.J. 104 (1991). The decision, a unanimous one written by Justice Pollock, addressed "whether...

Prosecution for Terroristic Threats: New Jersey Adopts One Component of U.S. Supreme Court's Counterman v. Colorado Decision, While Diverging as to Another Component

State v. Fair, 256 N.J. 213 (2024). "True threats" fall outside constitutional free speech protections. The issue in this case, in which Justice Wainer Apter wrote a unanimous opinion that...

This Week's Published Opinions

Another week, another week where work for clients made it impossible to keep up with the courts. This week featured two unanimous opinions from the Supreme Court, one civil, one...

Supreme Court Statistics for the 2022-23 Term

What better date to present statistics from the 2022-23 Supreme Court Term than the first working day (for many people) of this new calendar year? And who better to have...

No OPRA or Common Law Access Right to Police Body-Worn Camera Video

Fuster v. Township of Chatham, 477 N.J. Super. 477 (App. Div. 2023). This Open Public Records Act ("OPRA") case implicated not only that statute but the Body Worn camera Law...

The End of Last Week

Even as many people were throttling back in anticipation of the long holiday weekend that culminated in Christmas day, the Appellate Division issued three published opinions late last week. Here...

The 45th Anniversary of Gilborges v. Wallace

On this date in 1978, the Supreme Court decided Gilborges v. Wallace, 78 N.J. 342 (1978). The case arose out of an auto accident that resulted in brain injuries to...

For the Second Day in a Row, A Per Curiam Affirmance on the Opinion Below by the Supreme Court

Meyers v. State Health Benefits Comm'n, 256 N.J. 94 (2023). Yesterday, the Supreme Court issued a per curiam opinion in a criminal case affirming a ruling of the Appellate Division...

1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617 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 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176…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...