NJ Appellate Law Blog

Five Three-Judge Panel Decisions Will Get Supreme Court Review

The Supreme Court announced that it has granted review in five new appeals. All five involve opinions by three-judge panels of the Appellate Division. But that is where the similarities end. One appeal has an expedited briefing schedule, that appeal and two others are before the Court on grants of certification, and the other two are matters in which the Court granted leave to appeal on somewhat similarly phrased questions presented. All but one of the Appellate Division's opinions appealed from were unpublished ones....

A Slew of New Supreme Court Grants of Review

The Supreme Court announced that it has granted review in seven new appeals. Two of those matters (one civil and one criminal) involve leave to appeal, while the others are before the Court on grants of certification....

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 All are from unpublished opinions of the Appellate Division....

January, So Far

With the coming of the new year, this blog went onto a new platform. That fact, along with a Supreme Court oral argument and a Committee on Character hearing last week, has left this blog behind as 2025 begins. Our appellate courts, however, have been active. Here are summaries of their January 2025 published opinions to date:...

The "Time of Application Rule" Under the Municipal Land Use Law

Hoboken for Responsible Cannabis, Inc. v. City of Hoboken Planning Bd., 480 N.J. Super. 357 (App. Div. 2024). This land use decision, written by Judge Firko, is the final published...

The Days Before Christmas

No one can say that in the days before Christmas, "not a creature was stirring" in our appellate courts. The Supreme Court issued one decision and the Appellate Division published...

The Supreme Court Will Review Four Unpublished Appellate Division Decisions

The Supreme Court announced that it has granted certification in four new matters. All of those involve unpublished opinions of the Appellate Division. In State v. Taylor, the question presented...

Appellate Division Oral Argument of the Week: Are New Jersey's "Anti-Fusion" Laws, Which Prevent Minor Parties From Cross-Nominating Candidates Also Nominated by a Major Party, Unconstitutional?

Tomorrow, December 10, judges on Part E will hear oral argument in In re Tom Malinowski, Petition for Nomination for General Election, November 8, 2022, for United States House of...

An Anniversary in Administrative Law

On December 4, 1973, the Supreme Court decided Mayflower Sec. Co. v. Bureau of Securities, 64 N.J. 85 (1973). The Bureau of Securities had suspended the registration of Mayflower, a...

Appellate Division Oral Argument of the Week: Are Disciplinary Grievance Arbitrations in the Public Sector Preempted by 2020 Regulations Under Title IX of the Education Amendment Acts of 1972?

Tomorrow, December 3, Part F will hear oral argument in In re Rutgers, the State University of New Jersey and AFSCME Local 888. The issue is whether the Public Employment...

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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....