NJ Appellate Law Blog

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....

Ten Days Until Summer in the Appellate Division

According to the solar calendar, summer formally begins on June 21. But the Appellate Division begins its summer schedule on June 18, as reflected in the summer Part schedule published...

Referring to a Party's Brief Instead of Offering Findings and Conclusions Draws Judge Fuentes's Ire

Estate of Doerfler v. Federal Ins. Co., 454 N.J. Super. 298 (App. Div. 2018). This opinion by Judge Fuentes today is one of the shortest published opinions of the Appellate...

Judges Firko and Natali Are Temporarily Assigned to the Appellate Division

Chief Justice Rabner has announced that Judges Lisa A. Firko and Arnold L. Nitali, Jr., have been temporarily assigned to the Appellate Division. Both judges will serve in the Appellate...

Judge Fuentes Offers Appellate Practice Tips

Judge Jose Fuentes has often been willing to share his views about what is and is not good appellate practice. Examples of that were discussed here and here. At last...

When It's All About the Dicta

City Select Auto Sales, Inc. v. David Randall Associates, Inc., 885 F.3d 154 (3d Cir. 2018). This Telephone Consumer Protection Act ("TCPA") case, involving unwanted faxes, was tried to a...

A Reminder About the Importance of the Appellate Appendix

White Glove Hospitality, LLC v. Stockton University, 2018 WL 1352589 (App. Div. March 16, 2018). Many seminars and articles about appellate practice focus on tips for writing better briefs or...

Some Tips on the Appellate Rules from Judge Messano

State of New Jersey in the Interest of N.P., 453 N.J. Super. 480 (App. Div. 2018). This decision by Judge Messano addresses four appeals involving seven different juveniles. The broad...

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,...

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One From the Supreme Court and Two From the Appellate Division

The end of last week saw the issuance of one Supreme Court ruling and two published Appellate Division decisions. Two of those were in criminal appeals. The third involved the exclusion of an expert witness in a medical malpractice case....

A Supreme Court Guaranty Decision and an Appellate Division VASPA Ruling

The Supreme Court has issued one opinion, involving a guaranty of indebtedness, and the Appellate Division one published ruling, under the Victim's Assistance and Survivor Protection Act, N.J.S.A. 2C:14-13 to -21 ("VASPA"). Here's what they were about....

Appellate Division Oral Argument of the Week: Is the Monmouth County Society for the Prevention of Cruelty to Animals a Public Agency That is Subject to the Open Public Records Act?

On Thursday, December 4, judges on Part C of the Appellate Division will hear oral argument in Wronko v. Monmouth County Society for the Prevention of Cruelty to Animals ("MCSPCA"). The case arises under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. ("OPRA"), and the common law right of access....

Before Thanksgiving ….

The week of Thanksgiving and the week preceding it saw one Supreme Court opinion and four published rulings from the Appellate Division. Catching up, here are summaries....