NJ Appellate Law Blog

Mistaken Dicta

Staubach Co. of Pennsylvania v. Galloway Automotive, LLC, 2010 WL 5376868 (App. Div. Dec. 3, 2010). In this per curiam opinion, the court "recognize[d] that when the discovery end date...

The Rules are the Rules, Even When They Protect Wrongdoers

Kizima v. Bartone, 2010 WL 4721201 (App. Div. Nov. 23, 2010). This brief decision recounts that the plaintiffs had failed to respond to discovery, and the trial court dismissed their...

Diluting the Right to Oral Argument on Trial Level Motions

Abulkhair v. Liberty Mut. Ins. Co., 2010 WL 4226222 (App. Div. Oct. 27, 2010). Here, a party's notice of motion in the Law Division requested oral argument only if there...

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The Final Catch-Up Post: Three Published Appellate Division Decisions

To bring things current, this post summarizes three published Appellate Division opinions that were issued in the recent period. The subject matter of these ruling ranged from construing a Court Rule about reconsideration to applying the Prevention of Domestic Violence Act ("PDVA") to determining whether the Attorney General's office was required to defend and indemnify a Deputy Chief Assistant Prosecutor facing an attorney disciplinary proceeding that arose out of his official duties....

Three Supreme Court Decisions to Catch Up On

This is the second post that catches up with appellate developments last week and this week. The Supreme Court issued rulings in three cases during that period. Two of those appeals involved unanimous opinions. The third engendered a relatively rare 5-2 split among the Justices. Here are summaries:...

Three More Criminal Appeals for the Supreme Court

Much of last week was consumed by a sojourn in Hershey, PA for the Third Circuit Judicial Conference, a very enjoyable and educational experience. As a result, it's time for some catching up. Today's is the first such post....

Statutory Ban on Retroactive Reduction of Court-Ordered Child Support is Inapplicable to Reductions Based on a Child's Emancipation

Bournes v. Harris, ___ N.J. Super. ___ (App. Div. 2026). This post-dissolution appeal from the Family Part involved several questions arising out of a Marital Settlement Agreement ("MSA") entered in a Texas court. In an opinion by Judge Firko, the Appellate Division affirmed a ruling by Judge Lougy, whom the panel identified by name, that New Jersey courts had jurisdiction to enforce and to modify the Texas MSA, and that Judge Lougy properly enforced arrears....