NJ Appellate Law Blog

Plaintiffs Can Seek to Be Accompanied to a Defense Medical Examination by a Third Person or to Record the Examination, and (Contrary to the Appellate Division) Plaintiffs Do Not Bear the Burden of Pro

DiFiore v. Pezic, 254 N.J. 212 (2023). [Disclosure: Catherine B. Derenze, my colleague at Lite DePalma Greenberg & Afanador, LLC, argued before the Supreme Court in this case on behalf...

Judges Chase, Perez Friscia, and Walcott-Henderson Are Temporarily Assigned to the Appellate Division

Chief Justice Rabner announced that Judges Chase, Perez Friscia, and Walcott-Henderson have been temporarily assigned to the Appellate Division, effective August 1, 2023. The Orders appointing each of them are...

Two Law Against Discrimination Decisions by the Appellate Division

Beneduci v. Graham Curtin P.A., 476 N.J. Super. 73 (App. Div. 2023); Guzman v. M. Texeira Int'l, Inc., 476 N.J. Super. 64 (App. Div. 2023). The Appellate Division issued two...

School Board Has No Duty to Notify Tenured Full-Time Teachers Who Seek to Move to Part-Time That They May Lose Tenure Rights, But Boards are "Encourage[d]" To Do So

Parsells v. Somerville Bd. of Educ., 254 N.J. 152 (2023). Justice Fasciale wrote the Court's unanimous opinion in this case today. Plaintiff lost on the legal issue that prompted the...

Resolution of the "Borrowed Employee" Issue under Galvao v. G.R. Robert Construction Co. is For the Jury, Not a Judge

Pantano v. New York Shipping Ass'n, 254 N.J. 101 (2023). Judge Sabatino wrote this 6-0 opinion, which involved "the application of the multi-factor test [the Court] announced in Galvao v....

No Need for Attorney Retainer Agreements to State Expressly That Billing Will be in Tenths of an Hour or Other Increments

Arbus, Maybruch & Goode, LLC v. Cohen, 475 N.J. Super. 509 (App. Div. 2023). In this suit by a law firm to collect its fee from a client (actually, an...

Two Arbitration-Related Appeals for the Supreme Court

The Supreme Court announced that it has granted certification in two new appeals. Those cases each involve arbitration, though in differing respects. In County of Passaic v. Horizon Healthcare Services...

What is a "Class Action" Under the Class Action Fairness Act?

Erie Ins. Exchange v. Erie Indemnity Co., 68 F.4th 815 (3d Cir. 2023). As Judge Smith stated in his opinion in this case, the Class Action Fairness Act of 2005,...

A Class Action Waiver is Unenforceable Absent a Mandatory Arbitration Provision

Pace v. Hamilton Cove, 475 N.J. Super. 568 (App. Div. 2023). Class action waivers have infested numerous areas of our commercial lives, including cellphone contracts, banking agreements, and other documents...

An Unusual Restrictive Employment Covenant Opinion From the Appellate Division

Accounteks.net, Inc. v. CKR Law, LLP, 475 N.J. Super. 493 (App. Div. 2023). The Appellate Division sometimes publishes one version of an opinion and designates as unpublished a longer version...

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 181920 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160…Last

Appellate Division Oral Argument of the Week: What Effect Does the Federal Ending Forced Arbitration Act Have in a Hostile Work Environment Case?

Tomorrow, September 16, judges on Part B of the Appellate Division will hear oral argument in Cintron v. Brink's, Incorporated. That is a hostile work environment case brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq....

Two Criminal Appeals and Two Eminent Domain Cases for the Supreme Court

The Supreme Court announced that it has granted review in four new cases. Two of them are criminal matters. The other two involve eminent domain issues. One of the criminal appeals is before the Court on leave to appeal, the second grant of leave to appeal in the current Term. The Court granted certification in the other three matters....

Appellate Division Oral Argument of the Week: Can the Borough of Caldwell Recoup Payment for Professional Services That it Previously Made?

Tomorrow, September 11, a panel of judges on the Appellate Division's Part B will hear oral argument in Borough of Caldwell v. Cozzarelli-Cirminiello Architects, LLC. The case is before the Appellate Division following the grant of defendant's motion for leave to appeal the denial of its motion to dismiss the Complaint....

The First Published Appellate Division Opinion of the 2025-26 Term

Alcantara v. Moro, ___ N.J. Super. ___ (App. Div. 2025). Judge Smith authored this opinion for the Appellate Division, that court's first published opinion of the new Term. The appeal was from a final decision of the Commissioner of the New Jersey Department of Education that the School Funding Reform Act, N.J.S.A. 8A:7F-43 et seq. ("SFRA"), was constitutional as applied to the Township of Lakewood....