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

Cite the Record!

Motley v. Division of State Police, 2010 WL 4621498 (App. Div. Nov. 15, 2010). In this appeal of the pre-trial dismissal of a CEPA case, the Appellate Division found itself...

Shortcut Blocked

Washington Commons, LLC v. City of Jersey City, 416 N.J. Super. 555 (App. Div. 2010). Where two prior lawsuits between the parties were already finally concluded, and no case was...

Fee Applications Can Sometimes be Made Later

Sisolak v. Briarwood Sportsman's Club, 2010 WL 4483387 (App. Div. Nov. 10, 2010). This opinion states that while it is "generally preferable to have counsel fee applications filed contemporaneously with,...

Dehydrated Peaches

In re R.B., 2010 WL 4340645 (App. Div. Nov. 4, 2010). This opinion quotes a nice turn of phrase regarding the limitations on an appellate court's review of credibility issues:...

If You Don't List It in Your Notice of Appeal, It's Not on Appeal

Onuigbo v. American Export Lines, 2011 WL 13762 (App. Div. Nov. 1, 2010). A lawyer would not, or should not, have had happen what occurred here, since appellate lawyers know...

A Plug for the Appellate Pro Bono Civil Pilot Program

Baptiste v. Baptiste, 2010 WL 5395803 (App. Div. Oct. 29, 2010). In this otherwise run-of-the-mill appeal, the Appellate Division thanked a private lawyer for appearing with plaintiff at oral argument...

Sometimes an Agency is Wrong

n re Hearn, 417 N.J. Super. 289 (App. Div. 2010). In this published opinion by Judge Ashrafi, the Appellate Division recognized that it gives deference to an agency's view of its own...

Interlocutory vs. Final in the Foreclosure Context

Wells Fargo Bank, N.A. v. Garner, 416 N.J. Super. 520 (App. Div. 2010). In this opinion by Judge Koblitz, the Appellate Division declared that a purported appeal from a grant...

Don't Make the Court Ask You Twice

Fletcher v. Camden County Prosecutor's Office, 2010 WL 4226150 (App. Div. Oct. 27, 2010). In this appeal from a summary judgment, the Appellate Division questioned whether the appellate record was...

Diluting the Right to Oral Argument on Trial Level Motions

Abulkhair v. Liberty Mut. Ins. Co., 2010 WL 4226222 (App. Div. Oct. 27, 2010). Here, a party's notice of motion in the Law Division requested oral argument only if there...

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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...