NJ Appellate Law Blog

2017-18 Supreme Court and Appellate Division Statistics

The Annual Report of the New Jersey Courts for the court year 2017-18 has been published and is available here. The Report is full of useful information about the judiciary...

Negotiated Property Settlement Agreement in Matrimonial Case Defeats Changed Circumstances Application

Bermeo v. Bermeo, 457 N.J. Super. 77 (App. Div. 2018). Today is the second consecutive day on which Judge Firko released a published opinion. The essence of it is that...

At-Will Employee Cannot Bring Oppressed Shareholder Claim Based on Termination of Employment

Metro Commercial Management Services, Inc. v. Van Istendal, 457 N.J. Super. 66 (App. Div. 2018). This opinion, issued today, is the first published opinion authored by Judge Firko. It involves...

The 2018-19 General Assignment Order

Chief Justice Rabner has issued the General Assignment Order for 2018-19. It is available here. The Appellate Division lineup again features Judge Messano as Presiding Judge for Administration and Judge...

Judges Mitterhoff, Natali, and Firko Are Promoted to the Appellate Division

Chief Justice Rabner has announced the elevation of three judges to the Appellate Division. Two of them, Judges Firko and Natali, have been serving on temporary assignment to the Appellate...

Judges Firko and Natali Are Temporarily Assigned to the Appellate Division

Chief Justice Rabner has announced that Judges Lisa A. Firko and Arnold L. Nitali, Jr., have been temporarily assigned to the Appellate Division. Both judges will serve in the Appellate...

Common Law Bad Faith Claims and Claims Under the Insurance Fair Conduct Act Should, In Many Cases, be Deferred Until After Resolution of Underinsured Motorist Claims

Tenenbaum v. Allstate Ins. Co., ___ N.J. Super. ___ (App. Div. 2026). Judge Natali's opinion for the Appellate Division in this matter today involved two matters that were before the court on leave to appeal. The issue in both cases was whether and when "common law bad faith claims under Pickett v. Lloyd's, 131 N.J. 457, 467 (1993), and those brought under the recently adopted Insurance Fair Conduct Act (IFCA), N.J.S.A. 17:29BB-1 to -3," should be stayed until resolution of all disputes relating to underinsured motorist ("UIM") claims brought in the same action....

Coming Soon to the Appellate Division: Summer Parts

The Appellate Division's schedule and roster of summer Parts has been announced. These summer sessions begin on June 15 and run through September 6....

Appellate Division Oral Argument of the Week: Does Denying a Father's Right to Communicate With His Son Due to the Father's Inability to Pay for Reunification Therapy Violate Due Process?

On Wednesday, April 29, judges on Part B of the Appellate Division will hear oral argument in Dornacker v. Laborante. The case is an unusual one....

One From the Supreme Court and Four From the Appellate Division

In the recent period, the Supreme Court issued one opinion and the Appellate Division published four decisions. Here are summaries:...