NJ Appellate Law Blog

The Supreme Court Takes Up Five More Cases

The Supreme Court announced today that it has granted review in five more cases. In four of those matters, the Court granted certification. The fifth case will be before the...

The Ocean Grove Camp Meeting Association and a Landmark Decision in Constitutional Law

Forty years ago today, the Supreme Court decided State v. Celmer, 80 N.J. 405 (1979), a case that arose out of he conviction of defendant on charges of DWI, speeding,...

This Kind of "STOLI" is Against New Jersey's Public Policy

Sun Life Assurance Co. of Canada v. Wells Fargo Bank, N.A., 238 N.J. 157 (2019). This appeal came to the Supreme Court via questions certified by the Third Circuit Court...

The Three Tests for Confidentiality of Litigation Documents

In re Avandia Marketing, Sales Practices and Products Liability Litigation, 924 F.3d 662 (3d Cir. 2019). This appeal had an unusual subject: whether certain documents that defendant GlaxoSmithKline ("GSK") had...

Two Cases About Access to Swimming

Susko v. Borough of Belmar, 458 N.J. Super. 583 (App. Div. 2019); Curto v. A Country Place Condominium Association, 921 F.3d 405 (3d Cir. 2019). Yesterday, while I was in...

Involuntary Commitments Orders Don't Become Moot Merely Because Confinement Has Ended

In re Civil Commitment of C.M., 458 N.J. Super. 563 (App. Div. 2019). The doctrine of mootness enables courts to avoid disputes that are not "live." Today's opinion by Judge...

Insubstantial Constitutional Issues Don't Afford an Appeal to the Supreme Court as of Right

On this date in 1965, the Supreme Court decided Tidewater Oil Co. v. Mayor & Council of Borough of Carteret, 44 N.J. 338 (1965), a municipal land use case. That...

The Supreme Court Takes Up a Gun Permit Case

The Supreme Court announced late today that it has granted certification in In re Application for Permit to Carry a Handgun of Calvin Carlstrom. The question presented on that appeal,...

After a Lull, The Supreme Court Grants Review in Six Cases

It had been nearly one month, since January 18, 2019, since the Supreme Court last added cases to its docket. However, the Court has now announced grants of certification in...

The Casino Reinvestment Development Authority Cannot Condemn Land for Potential Use in the Indefinite Future

Casino Reinvestment Development Authority v. Birnbaum, 458 N.J. Super. 173 (App. Div. 2019). On January 7, 2019, the Appellate Division decided Borough of Glassboro v. Grossman, 457 N.J. Super. 416...

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No "Appellate Division Oral Argument of the Week" Posts for This Week and Next Week

There are no Appellate Division oral arguments scheduled for this week or next week, as the court takes a holiday break to that extent. So there will be no "Appellate Division Oral Argument of the Week" posts here for this week or next....

A Privity of Contract Anniversary

On this date in 1984, the Supreme Court decided Arohnson v. Mandara, 98 N.J. 92 (1984). A unanimous opinion written by Justice Schreiber, the opinion was one of a series that cut back on privity of contract as a defense....

Another Supreme Court Per Curiam Affirmance, With an "Attagirl" for Judge Puglisi

Amato v. Township of Ocean School District, ___ N.J. ___ (2025). Yesterday's post included discussion of a per curiam affirmance by the Supreme Court. Today, the Court published another per curiam affirmance in this case. The Court affirmed "substantially for the reasons stated in Judge Puglisi's thorough and thoughtful opinion" for the Appellate Division. That decision was published at 480 N.J. Super. 239 (App. Div. 2024)....

Two Short Ones From the Supreme Court

Supreme Court opinions often extend toward the longer side. This week, however, the Court issued two opinions, both involving administrative agency actions, that were shorter than average. In neither case did more need to be said....