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

Submitting a Certification in Support of a Motion to Dismiss a Complaint Converts The Motion to a Summary Judgment Motion

Raverta v. Lake Mohawk Golf Club, 2011 WL 3207945 (App. Div. July 29, 2011). Rule 4:6-2(e) allows a defendant to move to dismiss a complaint for failure to state a claim....

Residential Condominium Association is Not Liable for Sidewalk Injuries

Luchejko v. City of Hoboken, 207 N.J. 191 (2011). Sidewalk liability cases have bedeviled our Supreme Court for many years. In Stewart v. 104 Wallace Street, Inc., 87 N.J. 146 (1981),...

State Employee Who Chose to Schedule "Furlough Days" Consecutively Cannot Collect Unemployment Compensation for Those Days

Futterman v. Board of Review, 421 N.J. Super. 281 (App. Div. 2011). This case arose out of the 2009 agreement between the Christie administration and the union that represents state...

An Unpublished Appellate Division Decision is Binding on the Parties to that Ruling

Triffin v. Capital One, 2011 WL 2848271 (App. Div. July 20, 2011). Under Rule 1:36-3, "[n]o unpublished opinion shall constitute precedent," and "except to the extent required by res judicata, collateral estoppel, the single...

No Consumer Fraud Act "Ascertainable Loss" Where Defendant Erroneously Sold Plaintiffs Food That Violated Their Religious Beliefs

Gupta v. Asha Enterprises, LLC, 422 N.J. Super. 136 (App. Div. 2011). Many religious believers have dietary restrictions. When they purchase food that is represented as being acceptable under those...

In New Jersey, A Class Action is Not Appropriate for Telephone Consumer Protection Act (Unwanted Faxes) Claims

Local Baking Products, Inc. v. Kosher Bagel Munch, Inc., 421 N.J. Super. 268 (App. Div. 2011). The Telephone Consumer Protection Act, 47 U.S.C. §227 ("TCPA"), prohibits the sending of unsolicited...

Judges Hayden, Ostrer and St. John are Elevated to the Appellate Division

Chief Justice Rabner announced today that, effective August 1, 2011, Judges Hayden, Ostrer and St. John were all being elevated to the Appellate Division. All three of those judges were previously...

N.J.S.A. 2A:23A-18b Does Not Always Bar Further Appeal of Arbitration Awards After Proceedings in the Law Division

Open MRI & Imaging v. Mercury Ins. Group, 421 N.J. Super. 160 (App. Div. 2011). N.J.S.A. 2A:23A-18b, p;art of the Alternative Procedures for Dispute Resolution Act ("APDRA"), provides that "[u]pon the...

City/State Location of Calls to/from Public Employees' Government-Provided Cellphones are Not Private

Livecchia v. Borough of Mount Arlington, 421 N.J. Super. 24 (App. Div. 2011). North Jersey Newspapers Co. v. Passaic Cty. Bd. of Freeholders, 127 N.J. 9 (1992), held that "the people...

Oral Argument on Substantive Civil Motions Under Rule 1:6-2(d): A Modest Proposal

LVNV Funding, LLC v. Colvell, 421 N.J. Super. 1 (App. Div. 2011). This opinion, by Judge Koblitz, reversed summary judgment for a creditor on a revolving credit card account and...

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 161162163 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...