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

An Open Public Records Act Case, With a Bonus Discussion of Attorney-Client Privilege, the Work Product Doctrine, and the Anti-Bullying Act

K.L. v. Evesham Tp. Bd. of Educ., 423 N.J. Super. 337 (App. Div. 2011). There are not many published appellate cases in New Jersey that discuss in any detail the attorney-client privilege...

New Jersey Sports & Exposition Authority Must Reveal Financial Terms of Contracts for Perfomances at IZOD Center

Newark Morning Ledger Co. v. New Jersey Sports & Exposition Authority, 423 N.J. Super. 140 (App. Div. 2011). The Newark Star-Ledger filed a request under the Open Public Records Act, N.J.S.A. 47:1A-1...

A Very Appropriate Case for Election Day, November 8

Since today, November 8, is Election Day, what better case could there be to highlight than In re Contest of November 8, 2005, 192 N.J. 546 (2007)? Not only did that...

"Legal Gymnastics" and "Undisclosed Legerdemain" Do Not Help the Defendant in a Consumer Fraud Case

Dugan v. TGI Friday's, 2011 WL 5041391 (App. Div. Oct. 25, 2011). Plaintiff bought a beer at the bar of a TGI Friday's restaurant and was charged $2.00. She then moved...

Judge Shwartz Nominated to the Third Circuit

President Obama has nominated Magistrate Judge Patty Shwartz to the Third Circuit Court of Appeals. She would fill the "New Jersey seat" that was created when Judge Barry took senior...

Calculating the Available Discovery Period

Jatczyszyn v. Marcal Paper Mills, Inc., ___ N.J. Super. ___ (App. Div. 2011). The key issue in this case involves how to calculate the discovery period permitted by the Court Rules in a circumstance where...

Unfiled Discovery From Lawsuit Brought by Public Agency May be Producible Under Common Law Right of Access

Drinker Biddle & Reath LLP v. New Jersey Dep't of Law & Public Safety, 421 N.J. Super. 489 (App. Div. 2011). Under settled caselaw, litigation discovery that is not filed with the court during the...

Oral Settlement Agreement Reached During Mediation May be Enforced

Willingboro Mall, Ltd. v. 240/242 Franklin Avenue, LLC, 421 N.J. Super. 445 (App. Div. 2011). Normally, any settlement, even an oral settlement agreement, can be enforced. The question in this case was...

An Unpublished Appellate Division Decision is Binding on the Parties to that Ruling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

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...

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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...