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

The Limits of the Offer of Judgment Rule

J.P. Electric, Inc. v. LPMG Construction Management, LLC, 477 N.J. Super. 125 (App. Div. 2023). Judge Sabatino frequently writes long, intricate opinions on complex issues. Today, however, he authored the...

"Income" and "Profit" Under the Nonprofit Corporation Act

Breitman v. Atlantis Yacht Club, 477 N.J. Super. 115 (App. Div. 2023). This opinion by Judge Sabatino today involved the redemption of a membership interest in the defendant yacht club...

Res Judicata Before Municipal Land Use Boards: An Anniversary

On this date in 1959, the Supreme Court decided Russell v. Board of Adjustment of Tenafly, 31 N.J. 58 (1959). The case is one of the earliest to address the...

The Supreme Court Takes Up a Civil Service Commission Appeal

The Supreme Court announced today that it has granted certification in In the Matter of James Hartnett, Pennsauken. The question presented, as phrased by the Supreme Court Clerk's office, is...

Last Week's Appellate Division Published Opinions

Preparation for an Appellate Division oral argument made it difficult to keep up with that court last week. The Appellate Division issued three published opinions during that time. (The Supreme...

A Trove of New Appeals for the Supreme Court

The Supreme Court announced that it has granted review in six new appeals. In two of them, the Court granted leave to appeal. The other two involved grants of certification....

The Public Adjusters Licensing Act and Its Regulations

Zimmerman v. Diviney, 477 N.J. Super. 1 (App. Div. 2023). As the New Jersey appellate courts are getting fully geared up for the Term that began on September 1, there...

Three New Appeals for the Supreme Court

The Supreme Court announced that it has granted certification in three new appeals. All are from unpublished opinions of the Appellate Division. In Constructural Dynamics, Inc. v. Arch Insurance Co.,...

Expert Testimony That Shaking Alone Can Cause the Injuries Associated With "Shaken Baby Syndrome" is Insufficiently Reliable to be Admissible at Trial

State v. Nieves, 476 N.J. Super. 609 (App. Div. 2023). This was a monumental opinion by Judge Gooden Brown in two consolidated cases. The issue was "the scientific reliability of...

As the New Term Begins, The Supreme Court Takes up Five New Appeals

Kicking off the new Term, the Supreme Court announced that it has granted review in five new cases. Four of those are civil cases, while one is a criminal matter...

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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...