NJ Appellate Law Blog

Tinted Windows and Automobile Stops

State v. Smith, 251 N.J. 244 (2022). Here is how Justice Solomon began his opinion for a unanimous Court in this case today: "N.J.S.A. 39:3-74 prohibits operation of a vehicle...

Three Supreme Court Decisions in Criminal Cases

The last few days have seen three opinions by the Supreme Court in criminal appeals. Here are summaries of those decisions: State v. Rivas, 251 N.J. 132 (2022). This opinion...

Two Compassionate Releases Get Put on the Fast Track at the Supreme Court

The Supreme Court announced that it has granted certification in two new cases, State v. A.M. and State v. Oliver. The question presented, as phrased by the Supreme Court Clerk's...

Notice of Tort Claim Against a County Can Validly be Served on the County Clerk

Bryant v. County of Cumberland, 472 N.J. Super. 626 (App. Div. 2022). In what may be the shortest published opinion of the current Term, Judge Fisher today addressed this "matter...

Three Published Appellate Division Decisions

The last several days have seen some interesting published opinions by the Appellate Division. Here are summaries of three of them: Petro v. Platkin, 472 N.J. Super. 536 (App. Div....

Non-Disparagement Agreements Do Not Violate the New Jersey Law Against Discrimination

Savage v. Township of Neptune, 472 N.J. Super. 291 (App. Div. 2022). Judge Haas issued this opinion of the Appellate Division. Plaintiff, a former sergeant with the Neptune Township police,...

Supreme Court and Appellate Division Published Decisions This Week

An enjoyable sojourn in Atlantic City for the New Jersey State Bar Association Annual Meeting and Convention delayed this post. I had the privilege of being part of a panel...

In a Closely-Watched Case, Sundiata Acoli Wins Parole by a 3-2 Supreme Court Vote

Acoli v. New Jersey State Parole Bd., ___ N.J. ___ (2022). A 2-1 Appellate Division decision, discussed here, upheld the New Jersey State Parole Board's decision to deny parole to...

The Appellate Division in the Second Half of April- A Partial Recap

Until yesterday, when the Supreme Court issued this opinion, the Court did issue any decisions in the time following the last post on this blog on April 13. The Appellate...

Public Bidding Was Required to Select a Redeveloper for the Bergen County Courthouse

Dobco, Inc. v. Bergen County Improvement Authority, ___ N.J. ___ (2022). In its first opinion in several weeks, the Supreme Court today affirmed, in a per curiam opinion substantially for...

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Three Supreme Court Decisions to Catch Up On

This is the second post that catches up with appellate developments last week and this week. The Supreme Court issued rulings in three cases during that period. Two of those appeals involved unanimous opinions. The third engendered a relatively rare 5-2 split among the Justices. Here are summaries:...

Three More Criminal Appeals for the Supreme Court

Much of last week was consumed by a sojourn in Hershey, PA for the Third Circuit Judicial Conference, a very enjoyable and educational experience. As a result, it's time for some catching up. Today's is the first such post....

Statutory Ban on Retroactive Reduction of Court-Ordered Child Support is Inapplicable to Reductions Based on a Child's Emancipation

Bournes v. Harris, ___ N.J. Super. ___ (App. Div. 2026). This post-dissolution appeal from the Family Part involved several questions arising out of a Marital Settlement Agreement ("MSA") entered in a Texas court. In an opinion by Judge Firko, the Appellate Division affirmed a ruling by Judge Lougy, whom the panel identified by name, that New Jersey courts had jurisdiction to enforce and to modify the Texas MSA, and that Judge Lougy properly enforced arrears....

Common Law Bad Faith Claims and Claims Under the Insurance Fair Conduct Act Should, In Many Cases, be Deferred Until After Resolution of Underinsured Motorist Claims

Tenenbaum v. Allstate Ins. Co., ___ N.J. Super. ___ (App. Div. 2026). Judge Natali's opinion for the Appellate Division in this matter today involved two matters that were before the court on leave to appeal. The issue in both cases was whether and when "common law bad faith claims under Pickett v. Lloyd's, 131 N.J. 457, 467 (1993), and those brought under the recently adopted Insurance Fair Conduct Act (IFCA), N.J.S.A. 17:29BB-1 to -3," should be stayed until resolution of all disputes relating to underinsured motorist ("UIM") claims brought in the same action....