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

A Vist from Justice Breyer

Two episodes of New Jersey Network's television program "Due Process," which are currently scheduled to air in June, will feature an interview with Supreme Court of the United States Justice Stephen Breyer by hosts Raymond Brown...

One Plaintiff is a Catalyst for Relief, But Another Plaintiff is Not

Smith v. Hudson County Register, 2011 WL 1529730 (App. Div. April 25, 2011). This opinion, by Judge Sabatino, applied the catalyst doctrine to an Open Public Records Act ("OPRA") case. In Mason...

"Interests of Justice" Provision Does Not Aid Tax Appeal Plaintiffs Who Did Not Pay Subject Taxes Timely

Dover-Chester Associates v. Randolph Tp., 419 N.J. Super. 184 (App. Div. 2011). The procedural history of these consolidated appeals was somewhat convoluted, but the legal issue was straightforward, as Judge Espinosa phrased...

Statute of Frauds Amendment That Covers Palimony Agreements is Not Retroactive

Botis v. Estate of Kudrick, ___ N.J. Super. ___ (App. Div. 2011). January 18, 2010 was the effective date of an amendment to the Statute of Frauds that includes palimony agreements among...

More Criticism of Strategies Contrived to Make an Interlocutory Order Appear Final

Conforti v. Kantorowski, 2011 WL 1433764 (App. Div. April 15, 2011). The Appellate Division often expresses displeasure, or worse, with stratagems designed to obtain immediate appellate review of a decision that is...

Landowner Must Exhaust Land Use Law Remedies Before Filing Civil Rights Act Claim

Rezem Family Associates, LP v. Borough of Millstone, 2011 WL 1432181 (App. Div. April 15, 2011). Plaintiff ("Rezem") owned a 67-acre tract of vacant land. Rezem entered into a series of contracts to sell...

The Effect on the Appellate Division of a Split in Federal Decisions on a Constitutional Issue

State v. Witczak, 2011 WL 1364012 (App. Div. April 12, 2011). This blog usually is allergic to criminal decisions. But this criminal case involved a virtually even split in the federal Circuit Courts...

Alter Ego Liability

Sean Wood, LLC v. Hegarty Group, Inc., 2011 WL 1529730 (App. Div. April 25, 2011). These two commercial parties each accused the other of breach of contract in connection with plaintiff's rigging out,...

Supreme Court Will Review Case Raising Federal Preemption and Statute of Limitations Issues

The Supreme Court has granted certification to review the decision in Cornett v. Johnson & Johnson, 414 N.J. Super. 365 (App. Div. 2010). [Disclosure: I am co-counsel for plaintiffs in Cornett]. That...

Public Employer May Deny Use of Compensatory Time on Requested Date Even Without Showing Undue Disruption

Nutley Policemen's Benevolent Ass'n v. Township of Nutley, 419 N.J. Super. 160 (App. Div. 2011). The federal Fair Labor Standards Act ("FLSA") , 29 U.S.C. §§201-219, requires a public employer who gives an...

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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...