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

"Time of Application" Rule in Municipal Land Use Law is Construed in Favor of Developers

Jai Sai Ram, LLC v. South Toms River Planning and Zoning Bd., 446 N.J. Super. 338 (App. Div. 2016). As Judge Reisner stated in her opinion in this case today,...

An "Attagirl" for Judge Chrystal in a Long-Running Mount Laurel Case

Cranford Development Associates v. Cranford Tp., 445 N.J. Super. 220 (App. Div. 2016). This Mount Laurel litigation resulted in a builder's remedy for construction of a 360-unit residential development in...

Farmland is Not a "Brownfield," So Application to Construct Solar Facility on Farmland Failed

In re Implementation of L. 2012, c. 24, 443 N.J. Super. 73 (App. Div. 2015). The Solar Act of 2012 ("the Act"), chapter 24 of the Laws of 2012, amended...

The Appellate Division Addresses a "Rehash"

New Jersey Healthcare Coalition v. New Jersey Dep't of Banking & Insurance, 440 N.J. Super. 129 (App. Div. 2015). According to today's opinion by Judge Reisner, every few years "health...

Trial Period Plan Agreement With Mortgage Lender is a Conditional Agreement to Modify a Mortgage

Arias v. Elite Mortgage Group, Inc., 439 N.J. Super. 273 (App. Div. 2015). This opinion by Judge Reisner affirmed a grant of summary judgment in favor of the defendant bank...

Writing a Persuasive Introductory Statement: A Lesson From Judge Reisner

Moran v. Board of Trustees, Police & Firemen's Retirement System, 438 N.J. Super. 346 (App. Div. 2014). This appeal was by a firefighter who sought an accidental disability retirement pension under...

Potential Future Tax Assessments Are Not a Cloud on Title to Real Estate

Princeton South Investors, LLC v. First American Title Ins. Co., 437 N.J. Super. 283 (App. Div. 2014). This opinion by Judge Reisner addressed two issues: "in the context of a...

Ratification of Originally Unauthorized Lawsuit by a Condominium Association

Port Liberte II Condominium Ass'n, Inc. v. New Liberty Residential Urban Renewal Co., LLC, 435 N.J. Super. 51 (App. Div. 2014). The caption in this case, a construction defect action...

Criminal Defendant Can Present Expert Testimony as to Voluntariness or Reliability of His Confession

The first substantive post of this fourth year of this blog is another guest post on a criminal law decision by my colleague Jeffrey A. Shooman, another member of my...

Standing is Not Jurisdictional in New Jersey State Court

Deutsche Bank Nat'l Trust Co. v. Russo, 429 N.J. Super. 91 (App. Div. 2012). This was another mortgage foreclosure case in which defendants belatedly asserted that plaintiff lacked standing because plaintiff was...

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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....