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

Returning From the Break- Appellate Division Opinions

During this blog's early August break, the Appellate Division issued three published opinions. Here are summaries: T.B. v. I.W., ___ N.J. Super. ___ (App. Div. 2024). This was an appeal...

The Civil Practice Committee Recommends One Appellate Rule Change

The Supreme Court Civil Practice Committee has issued its 2024 report, which addresses recommended changes to Court Rules as well as Rule change proposals not recommended. The report is available...

Relevant Statutes Bar Attempt to Compel Office of Adult Protective Services to Pay Fees of Court-Appointed Attorney and Temporary Guardian in Guardianship Case

In re A.D., 477 N.J. Super. 288 (App. Div. 2023). In this appeal, an attorney and a temporary guardian sought fees for their services. The Law Division had denied their...

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...

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,...

Discovery of Metadata

Estate of Lasiw v. Pereira, 475 N.J. Super. 378 (App. Div. 2023). Judge Messano's opinion in this medical malpractice case today is a relatively rare example of a published appellate...

The Supreme Court in the Second Half of November

After a first half of November with no Supreme Court opinions, the Court issued five opinions in the second half. Two of those decisions were discussed here and here. This...

A Small Step in the Right Direction Regarding "Unpublished" Appellate Division Opinions

On September 12, Chief Justice Rabner issued an order that amendments to Rule 1:36-3, and a new Rule 8:9-6, both of which were attached to the order, would be effective...

When, if at All, Can a Rule 4:19 Examination be Recorded, and When, if Ever, Can a Third Party be Present During an Examination?

DiFiore v. Pezic, 472 N.J. Super. 100 (App. Div. 2022). This opinion by Judge Sabatino exhaustively explored, in three consolidated cases, the issue of "when, if ever, a plaintiff with...

A Court Rules-Based Attorneys' Fee Appeal for the Supreme Court

The Supreme Court announced today that it has granted certification in Hansen v. Rite Aid Corp. The issue presented, as phrased by the Supreme Court Clerk's office, is "When a...

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No Arbitrariness in Rejection of Public Construction Bid That Failed to Include a Properly Signed, Required Consent of Surety

In the Matter of Protest Filed by El Sol Contracting and Construction Corp., Contract T100.638, ___ N.J. ___ (2025). This public bidding case resulted in a 5-2 split at the Supreme Court, the first non-unanimous ruling of the current Term. Justice Hoffman wrote the majority opinion, while Justice Fasciale authored the dissent for himself and Justice Pierre-Louis....

Appellate Division Published Opinions During and After Its Recess

The final day of the Appellate Division's two-week recess was April 25. On that date, the Appellate Division issued a published opinion. Two more published opinions followed during the current week. Here are summaries of those opinions....

"Ethics in Appellate Practice" Seminar at the NJSBA Annual Meeting on May 15

I will be moderating a panel titled "Ethics in Appellate Practice" that will help kick off Day 2 of the New Jersey State Bar Association Annual Meeting on May 15. The presentation will be from 8:45-10 AM. It will feature Judge Gummer of the Appellate Division and distinguished appellate practitioners with experience in and perspectives on ethics in the appellate context from both the plaintiffs' and the defendants' sides....

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....