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

"Law of the Case" Requires Appointed Counsel in Municipal Court for Defendant Whom Appellate Courts Had Found Was Indigent

State v. Mierzwa, 420 N.J. Super. 207 (App. Div. 2011). This case involved a municipal court matter that was first tried on July 27, 2006, nearly five years ago. On appeal from a conviction...

Two Lessons in Reading Title 39

Perrelli v. Pastorelle, 206 N.J. 193 (2011); Voss v. Tranquilino, 206 N.J. 93 (2011). Yesterday, the Supreme Court decided two cases involving two different sub-sections of N.J.S.A. 39:6A-4.5. Both cases...

Hello, Newman

Here's an unusual pair of decisions. Laurence S. Newman married Lynda in 1985. They were divorced in 1994. Mr. Newman then married Debra in 1995. That marriage ended in divorce in...

Statute Extending Limitations Period for Environmental Claims by the State Covers Common Law Strict Liability Cause of Action

New Jersey Dep't of Environmental Protection v. Exxon Mobil Corp., 420 N.J. Super. 395 (App. Div. 2011). N.J.S.A. 58:10B-17.1(b) ("the extension statute") extends the normal statute of limitations for environmental...

The Route 280 Case

In re Route 280 Contract, 89 N.J. 1 (1982), is frequently cited in connection with the standards for a grant of certification or a decision to vacate certification. But few have occasion...

The First Word on RPC 1.18

O Builders & Associates, Inc. v. Yuna Corp., 206 N.J. 109 (2011). In 2004, the Supreme Court adopted Rule of Professional Conduct 1.18. As it relates to the case decided...

Dismissal for Failure to Provide Discovery is Interlocutory and, Thus, Not Immediately Appealable

Ott v. Guardian Protective Services, Inc.., 2011 WL 2297783 (App. Div. May 24, 2011). Final orders are immediately appealable, while interlocutory orders, which do not conclusively resolve all issues as to all parties, are interlocutory...

Abbott v. Burke XXI (or is it XXII?)- Lots of Appellate Practice Issues

Abbott v. Burke, 206 N.J. 332 (2011). The merits of this latest decision on the funding necessary to satisfy the mandate of article VIII, section 4, paragraph 1 of the New...

A Solomonic Decision Under Rule 4:5-1(b)(2)

Kent Motor Cars, Inc. v. Reynolds & Reynolds Co., 207 N.J. 428 (2011). Rule 4:5-1(b)(2) requires the first pleading of each party to disclose the names of any non-party who...

Retired Assistant Prosecutor/DAG is Not a "Retired Law Enforcement Officer" Entitled to a Gun Permit

In re Denial of Application of Giles W. Casaleggio for a Retired Law Enforcement Officer Handgun Permit, 420 N.J. Super. 121 (App. Div. 2011). Giles Casaleggio retired from a career in which he...

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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...