NJ Appellate Law Blog

Four New Cases for the Supreme Court

The Supreme Court announced that it has granted certification in four new matters. Two of the cases are civil appeals and two are criminal matters. In East Bay Drywall, LLC...

City of Newark May Impose, and Need Not Negotiate Over, a COVID-19 Vaccine Mandate for City Employees

In re City of Newark and Newark Police Superior Officers Ass'n, ___ N.J. Super. ___ (App. Div. 2021). [Disclosure: My firm, Lite DePalma Greenberg & Afanador, LLC, represents the City...

This Week in the Supreme Court

The Supreme Court issued its first three opinions of the new Term this week. Here are summaries of those rulings: Bozzi v. City of Jersey City, ___ N.J. ___ (2021)....

Public Employees on Temporary Disability Must Still Contribute to State Health Benefit Costs Based on "Base Salary," Rather Than Based on Benefits Received

Grillo v. State of New Jersey, ___ N.J. Super. ___ (App. Div. 2021). In 2011, legislation ("Chapter 78") changed the way that State Health Benefits Plan ("SHBP") benefits were provided...

Catching Up Again, With the Supreme Court and the Appellate Division

After this post about the Supreme Court's busy August, that Court decided two more cases. Both were criminal appeals. Here are summaries: State v. Hannah, ___ N.J. ___ (2021). This...

A Busy August for the Supreme Court So Far

August is often a busy month for the Supreme Court, as the Justices count down to the new Term by deciding most if not all of the remaining cases from...

Recreational Marijuana Use, Standing Alone, Cannot be the "Sole or Primary" Basis for Termination of Parental Rights Unless Use Endangers a Child

New Jersey Division of Child Protection and Permanency v. D.H., ___ N.J. Super. ___ (App. Div. 2021). This case comprised two related appeals. Two biological parents saw their parental rights...

A Practical Interpretation of the Statute Banning Concealment or Obscuring Markings on Automobile License Plates

State v. Carter, ___ N.J. ___ (2021); State v. Roman-Rosado, ___ N.J. ___ (2021). These two consolidated appeals, in which Chief Justice Rabner authored a unanimous opinion issued today, dealt...

Three From the Third Circuit

The Third Circuit issued three published opinions in one day earlier this week. Here are summaries: Dondero v. Lower Milford Tp., ___ F.4th ___ (3d Cir. 2021). Plaintiff filed a...

Two From the Appellate Division (Both by Judge Hoffman)

Kravitz v. Murphy, ___ N.J. Super. ___ (App. Div. 2021); Johnson v. McClellan, ___ N.J. Super. ___ (App. Div. 2021). The Kravitz case, in which Judge Hoffman authored the panel's...

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Are Insurance Brokers Exempt From Liability Under the "Learned Professionals" Exception to the Consumer Fraud Act? The Supreme Court Will Decide

The Supreme Court announced that it has granted leave to appeal in Lowe v. Audet. The question presented, as phrased by the Supreme Court Clerk's office, is "Are insurance brokers exempt from liability under the ‘learned professionals' exception to the Consumer Fraud Act?" The Law Division granted a defense motion to dismiss. A two-judge Appellate Division panel affirmed in an unpublished per curiam opinion....

"A Child in Common"- Jurisdiction for Protective Orders Under the Victim's Assistance and Survivor Protection Act or the Prevention of Domestic Violence Act

C.J.S. v. A.S., 2025 N.J. Super LEXIS _______ (App. Div. Nov. 18, 2025). [Disclosure: I represented the successful plaintiff in this appeal.] The Victim's Assistance and Survivor Protection Act, N.J.S.A. 2C:14-13 to -21 ("VASPA"), was enacted to protect against, among other things, cyber-harassment. Only someone "who is not eligible for a restraining order as a ‘victim of domestic violence' as defined by . . . [the Protection of Domestic Violence Act , N.J.S.A. 2C:25:17-35 ("PDVA"]" may invoke VASPA protection....

Appellate Division Oral Argument of the (Upcoming) Week: A $55 Million Tort Verdict

On Tuesday, November 18, judges on Part D will hear oral argument in Rider v. Jersey City Transfer, Inc. The case arose out of an auto accident in Maryland, in which plaintiff, after striking one vehicle with her own car and getting out of the car, was hit by a tractor-trailer owned by defendant. Plaintiff suffered grisly injuries, sued, and obtained a judgment of over $59 million once the $55 million jury verdict was molded. Defendants appealed....

Liability of a General Contractor for Injuries to a Subcontractor's Employee: The Supreme Court Will Decide the Applicable Standard

The Supreme Court announced that it has granted certification in Campoverde v. NY-NJ Link Developer, LLC. The question presented, as phrased by the Supreme Court Clerk's office, is "What is the applicable standard under New Jersey law for determining whether a general contractor owes a duty to a subcontractor's employees for the purpose of determining liability for the injuries sustained by a subcontractor's employee?"...