NJ Appellate Law Blog

Public Employees on Temporary Disability Must Still Contribute to State Health Benefit Costs Based on "Base Salary," Rather Than Based on Benefits Received

Grillo v. State of New Jersey, ___ N.J. Super. ___ (App. Div. 2021). In 2011, legislation ("Chapter 78") changed the way that State Health Benefits Plan ("SHBP") benefits were provided...

Catching Up Again, With the Supreme Court and the Appellate Division

After this post about the Supreme Court's busy August, that Court decided two more cases. Both were criminal appeals. Here are summaries: State v. Hannah, ___ N.J. ___ (2021). This...

A Busy August for the Supreme Court So Far

August is often a busy month for the Supreme Court, as the Justices count down to the new Term by deciding most if not all of the remaining cases from...

Recreational Marijuana Use, Standing Alone, Cannot be the "Sole or Primary" Basis for Termination of Parental Rights Unless Use Endangers a Child

New Jersey Division of Child Protection and Permanency v. D.H., ___ N.J. Super. ___ (App. Div. 2021). This case comprised two related appeals. Two biological parents saw their parental rights...

A Practical Interpretation of the Statute Banning Concealment or Obscuring Markings on Automobile License Plates

State v. Carter, ___ N.J. ___ (2021); State v. Roman-Rosado, ___ N.J. ___ (2021). These two consolidated appeals, in which Chief Justice Rabner authored a unanimous opinion issued today, dealt...

Three From the Third Circuit

The Third Circuit issued three published opinions in one day earlier this week. Here are summaries: Dondero v. Lower Milford Tp., ___ F.4th ___ (3d Cir. 2021). Plaintiff filed a...

Two From the Appellate Division (Both by Judge Hoffman)

Kravitz v. Murphy, ___ N.J. Super. ___ (App. Div. 2021); Johnson v. McClellan, ___ N.J. Super. ___ (App. Div. 2021). The Kravitz case, in which Judge Hoffman authored the panel's...

Two From the Supreme Court

Gilbert v. Stewart, ___ N.J. ___ (2021); H.C. Equities, L.P. v. County of Union, ___ N.J. ___ (2021). So far this week, the Supreme Court has issued two opinions, with...

Two for the Supreme Court

The Supreme Court announced that it has granted review in two more cases. In one case, the Court granted certification, while in the other the Court granted leave to appeal....

Interest on Pension Loan From Teachers' Pension and Annuity Fund That Was Not Charged When Due Cannot be Waived

Zilberberg v. Board of Trustees, Teachers' Pension & Annuity Fund, ___ N.J. Siper. ___ (App. Div. 2021). Barbara Zilberg, a former school psychologist, got a pension loan in 2004 from...

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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....

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....