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

The Powers of Chancery

Marioni v. Roxy Garments Delivery Co., Inc., 417 N.J. Super. 269 (App. Div. 2010). In this opinion by Judge Fisher, a former Monmouth County Chancery judge, the Appellate Division discusses the broad...

A Rare Signed Not-for-Publication Opinion

King v. Lopez, 2010 WL 4940051 (App. Div. Dec. 7, 2010). This decision, which involves a contested election for a Jersey City ward council seat, was issued as not for...

Family Motions Should Go to the Judge Most Familiar With the Case

Resman v. Resman, 2010 WL 4940039 (App. Div. Dec. 7, 2010). In this case, which involved post-judgment motions in a matrimonial matter, the Presiding Family Part Judge had handled at...

Poetic Justice?

Mosteller v. Naiman, 416 N.J. Super. 632 (App. Div. 2010). In this decision about the proper way to measure damages for destruction of trees on a property not occupied...

Mistaken Dicta

Staubach Co. of Pennsylvania v. Galloway Automotive, LLC, 2010 WL 5376868 (App. Div. Dec. 3, 2010). In this per curiam opinion, the court "recognize[d] that when the discovery end date...

Some People Are Just Too Eager to Appeal

Suazo v. Diletto, 2010 WL 4880700 (App. Div. Dec. 1, 2010). In this case, after receiving a copy of the appellant's brief and appendix, including the transcript of the proceedings...

The Rules are the Rules, Even When They Protect Wrongdoers

Kizima v. Bartone, 2010 WL 4721201 (App. Div. Nov. 23, 2010). This brief decision recounts that the plaintiffs had failed to respond to discovery, and the trial court dismissed their...

Closed Case Can't be Reopened Sua Sponte

New Jersey Div. of Youth & Family Services v. J.D., 417 N.J. Super. 1 (App. Div. 2010). In this child custody matter, the trial court reopened its decision in the...

Never Attach Documents to a Brief!

Muracco v. Township of Washington, 2010 WL 5376867 (App. Div. Nov. 16, 2010). Courts have repeatedly made clear that documents cannot be attached to a brief, but must be appended...

Abuse of Discretion Standard

Lucante v. Lucante, 2010 WL 4570211 (App. Div. Nov. 15, 2010). This opinion contains a lengthy discussion of the concept of abuse of discretion. There are a number of useful...

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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...