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

An Important Anniversary in Matrimonial Law

On this date in 1980, a unanimous Supreme Court decided Lepis v. Lepis, 83 N.J. 139 (1980). In an opinion by Justice Pashman, the Court addressed "the standards and procedures for...

Mass Tort Defendants May Retain as Experts Doctors Who Treated Patient-Plaintiffs, But Those Doctors Cannot be Involved in the Cases of Those Same Patient-Plaintiffs

In re Pelvic Mesh-Gynecare Litig., 426 N.J. Super. 167 (App. Div. 2012). In this mass tort matter involving medical devices that are used to treat pelvic organ prolapse and stress urinary incontinence, the...

Discovery Masters

Zehl v. Elizabeth Bd. of Educ., 426 N.J. Super. 129 (App. Div. 2012). Rule 4:41 allows a court to appoint a discovery master to deal with discovery issues "only upon approval by...

Work Product Doctrine and Common Interest Privilege Exempt Documents From Disclosure Under OPRA or Common Law Right of Access

O'Boyle v. Borough of Longport, 426 N.J. Super. 1 (App. Div. 2012). This is yet another Open Public Records Act ("OPRA") case. Plaintiff was a frequent antagonist of the defendant Borough, hostility...

A Municipality Sues the DEP: Mandamus and Other Theories

Township of Neptune v. New Jersey Dep't of Environmental Protection, 425 N.J. Super. 422 (App. Div. 2012). The Township of Neptune sued the DEP in the Law Division for an order requiring...

Party Lost the Right to Employ an Arbitration Clause by Waiting Too Long to Invoke It

Cole v. Jersey City Medical Center, 425 N.J. Super. 48 (App. Div. 2012). Plaintiff, a nurse anesthetist at Jersey Medical Center, sued the Medical Center and her immediate employer, Liberty Anesthesia Associates...

The Effect of the Product Liability Act's Presumption of Labeling Adequacy on the Statute of Limitations in Products Cases

Kendall v. Hoffman-LaRoche, Inc.., 209 N.J. 173 (2012). In this case, the 5-1 majority opinion by Justice Long offers a comprehensive tutorial about New Jersey's "discovery rule," which mitigates the strict statute...

Failure to Produce Original Documents Can be Spoliation (But Not in This Case)

Bull v. United Parcel Service, Inc., 665 F.3d 68 (3d Cir. 2012). "After declaring a mistrial, the District Court dismissed Laureen Bull's state-law employment discrimination case as a sanction for failing to...

Trial Courts Must be Proactive in Ensuring Compliance With Rules Regarding Dismissal With Prejudice for Failure to Make Discovery

A&M Farm & Garden Center v. American Sprinkler Mechanical, LLC, 423 N.J. Super. 528 (App. Div. 2012). No matter how often the courts inveigh against the failure of attorneys and parties to follow...

Discovery Rule Does Not Toll the Time to File a Notice of Claim Against a Public Entity

McDade v. Siazon, 208 N.J. 463 (2011). Under the Tort Claims Act, N.J.S.A. 59:8-8(a), one who wishes to make a tort claim against a public entity must first file a notice of...

1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617 18 19…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...