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

The 2021-22 General Assignment Order

Chief Justice Rabner has issued the General Assignment Order for the coming Term. It is available here. At the Appellate Division level, the headline is that the number of Parts...

Apparent Authority Must be Manifested by a Communication of the Principal, Not of the Agent

Gayles v. Sky Zone Trampoline Park, ___ N.J. Super. ___ (App. Div. 2021). Here is how Judge Messano began his opinion for the Appellate Division today: "Joan Tongol invited several...

Successor Liability (or Non-Liability) on a Commercial Lease

160 West Broadway Associates, LP v. 1 Memorial Drive, LLC, ___ N.J. Super. ___ (App. Div. 2021). Judge Messano issued this opinion for the Appellate Division today. Though there were...

Last Week

Late last week, the Supreme Court and the Appellate Division each issued two published opinions. Neither court has issued any published opinions this week (nor is either court slated to...

Successive Tortfeasors and the "Settlement Credit" of Ciluffo v. Middlesex Gen'l Hosp.

Glassman v. Friedel, 465 N.J. Super. 436 (App. Div. 2020). Ciluffo v. Middlesex Gen'l Hosp., 146 N.J. Super. 476 (App. Div. 1977), was a case involving how to handle a...

Personal Jurisdiction by New Jersey State Courts Over Out-of-State Counsel Admitted Pro Hac Vice in New Jersey Federal Court

Zahl v. Eastland, 465 N.J. Super. 79 (App. Div. 2020). [Disclosure: I have represented the defendants in this matter.] Judge Messano's opinion for the Appellate Division in this case today...

Board of Education Lacked MLUL Standing Where Its Challenge to Development Approvals Was Based Only on Potential Increased Crowding of Schools

Edison Bd. of Educ. v. Zoning Bd. of Adj. of Edison., 464 N.J. Super. 298 (2020). This opinion by Judge Messano today affirmed a Law Division ruing that the Edison...

The 2020-21 General Assignment Order

Chief Justice Rabner has issued the General Assignment Order for 2020-21, which is available here. Judge Ostrer has replaced Judge Koblitz, who will be retiring, as Presiding Judge of Part...

Judge Russo is Removed From Office Due to "Flagrant and Serious Acts of Misconduct"

Matter of Russo., 242 N.J. 179 (2020). As Chief Justice Rabner recounted in his opinion for a unanimous Supreme Court yesterday, Judge John F. Russo, Jr., has been an attorney...

State Medicaid-Related Regulation Voided by the Appellate Division as Inconsistent With State Statute

G.C. v. Division of Medical Assistance and Health Services, 463 N.J. Super. 79 (App. Div. 2020). Appellate review of an administrative agency regulation "begins with a presumption that the [Regulation...

123 4…Last

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....

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....