NJ Appellate Law Blog

Criminal Defendant Required to Make Restitution Cannot Dictate the Sequence in Which Victims Are Paid, and Cannot Seek to Extinguish Restitution Obligation if Victim(s) Cannot be Located

State v. Walker, 478 N.J. Super. 553 (App. Div. 2024). Judge Chase, the author of this opinion, aptly summarized the issue and the result in his opening paragraph. "The question...

Judges Augostini, Bergman, Jacobs, and Torregrossa-O'Connor Are Again Temporarily Assigned to the Appellate Division

As discussed here, Judges Augostini, Bergman, Jacob, and Torregrossa-O'Connor were temporarily assigned to particular Parts of the Appellate Division for the period of March 25-May 19, 2024. Chief Justice Rabner...

Late Last Week ….

Toward the end of last week, the Supreme Court issued one opinion and the Appellate Division published rulings in two appeals. Here are summaries: Boyle v. Huff, 257 N.J. 468...

Restraints Imposed in a Title 30 Action for Care and Supervision of Children Must End if the Case is Dismissed

New Jersey Division of Child Protection & Permanency v. J.C., 257 N.J. 451 (2024). Justice Solomon's unanimous opinion for the Supreme Court today posed the question before the Court this...

Justice Alan B. Handler (1931-2024)

Justice Alan B. Handler died on May 23. He was 92 years old. Justice Handler served on the Supreme Court of New Jersey for 22 years, from 1977 through 1999...

This Week in the Supreme Court

It's the time of year when the Supreme Court gets into a higher gear when it comes to issuing opinions. The Court released three decisions this week, all of them...

Cleaning Up From Last Week

Due in part to my attendance at the NJSBA Annual Meeting last week, this blog is somewhat behind on last week's published opinions by the Supreme Court and the Appellate...

Property Owner is Not Liable for Injuries to Dirt Bike Rider Who Did Not Have Permission to Ride on the Property

Callahan v. Tri-Borough Sand & Stone, 478 N.J. Super. 505 (App. Div. 2024). N.J.S.A. 39:3C-18 addresses the liability of property owners when certain types of vehicles are operated on their...

One More New Case for the Supreme Court

The Supreme Court announced that it has granted certification in one more new case. The case is Brehme v. Irwin. The question presented, as phrased by the Supreme Court Clerk's...

Two New Supreme Court Grants of Review

The Supreme Court announced that it has granted review in two new appeals. One matter is before the Court on leave to appeal, while the Court granted certification in the...

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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....

The First Supreme Court Grant of Review in the 2025-26 Term

The Supreme Court announced that it has granted leave to appeal in State v. Caneiro, a quadruple homicide case. The question presented, as phrased by the Supreme Court Clerk's office, is "Under the circumstances presented, where defendant's house was on fire, was the warrantless seizure of evidence from the garage justified under the exigent circumstances exception to the warrant requirement?"...