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

No Attorneys' Fees for Retired Public Employee Who Successfully Sued to Enforce Agency Decision Regarding His Pension

Brunt v. Board of Trustees, Police & Firemen's Retirement System, 455 N.J. Super. 357 (App. Div. 2018). In general, except as specified by statute, court rule, or a contract between...

Slightly Different Facts Produce Opposite Results in Two Somewhat Similar Cases

Bowser v. Board of Trustees, Police and Firemens Retirement System, 455 N.J. Super. 165 (App. Div. 2018); Mattia v. Board of Trustees, Police and Firemens Retirement System, 455 N.J. Super....

In Construing Wills and Trusts, "Plain Meaning" of Language Gives Way to "Testator's Probable Intent"

In re Trust of Violet Nelson, 454 N.J. Super. 151 (App. Div. 2018). As Judge Ostrer stated in his opinion in this case today, the issue was "whether a trial...

A Split Appellate Division Decision About the Charitable Immunity Act: On to the Supreme Court?

Green v. Monmouth University, 452 N.J. Super. 542 (App. Div. 2018). Today's opinion by Judge Leone affirmed summary judgment in favor of defendant Monmouth University under the Charitable Immunity Act,...

"Reasonable Expectations of the Insured" Did Not Defeat Clear Policy Exclusion of "Insured vs. Insured" Claims

Abboud v. National Union Fire Ins. Co., 450 N.J. Super. 400 (App. Div. 2017). This opinion by Judge Ostrer interpreted an "insured vs. insured" exclusion in a directors and officers...

An Intervention Dispute: Is a Denial of a Motion to Intervene Immediately Appealable?

HUNY & BH Associates v. Silberberg, 447 N.J. Super. 606 (App. Div. 2016). This 2-1 decision of the Appellate Division, issued today, is a rare published opinion on a motion...

Grandparent Visitation Redux

Slawinski v. Nicholas, 448 N.J. Super. 25 (App. Div. 2016). There are a surprising number of published New Jersey cases in the family context regarding grandparent visitation of grandchildren. Examples...

The Discovery Rule is Applied to Common Law and Consumer Fraud Act Claims

Catena v. Raytheon Company, 447 N.J. Super. 43 (App. Div. 2016). The time when a cause of action accrues, for purposes of triggering the statute of limitations, is a recurring...

Twenty One Day Advance Voter Registration Requirement is Held Constitutional

Rutgers University Student Assembly v. Middlesex Cty. Bd. of Elections, 446 N.J. Super. 221 (App. Div. 2016). This appeal involved the constitutionality of N.J.S.A. 19:31-6.3b, which requires eligible voters to...

"Appeal" Procedure to Same Judge Who Already Ruled "Below" Was Impermissible

In re Application for a Retail Firearms Dealer's License Renewal by Cayuse Corp. LLC, ___ N.J. Super. ___ (App. Div. 2016). This decision, issued by Judge Ostrer for the Appellate...

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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....