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

No "Dead End" for New Jersey Civil Rights Act Plaintiff, So Her NJCRA Claim Fails

Harz v. Borough of Spring Lake, 234 N.J. 317 (2018). The New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 ("NJCRA") is, in general, the New Jersey analog to the...

In Rare Cases, Attorneys' Fees and Costs May be Awarded When Case is Voluntarily Dismissed With Prejudice

Carroll v. E One, Inc., 893 F.3d 139 (3d Cir. 2018). Near the start of his opinion in this case, Chief Judge Smith observed that "[a]ttorneys' fees and costs are...

Rice Letters, and Making Meeting Minutes of Public Bodies "Promptly Available," Under the Open Public Meetings Act

Kean Federation of Teachers v. Morell, 233 N.J. 566 (2018). Yesterday's opinion by Justice LaVecchia reversed in part and affirmed as modified a decision of the Appellate Division that was...

The Common Law Continues to Evolve, and a Tort Duty May Consequently be Expanded

G.A.-H. v. K.G.G., 455 N.J. Super. 294 (App. Div. 2018). An emergency medical technician ("EMT"), designated as "Kenneth" in today's opinion by Judge Fisher, engaged in an unlawful sexual relationship...

Another Criminal Case, and Two Cases Involving Civil Claims by Police Officers, Will Get Supreme Court Review

The Supreme Court has announced that it has granted review in three more cases. Two of them resulted from unpublished Appellate Division rulings in cases where police officers are the...

Foreclosure Judgment Affirmed "In Spite of Certain Irregularities"

Capital One, N.A. v. Peck, 455 N.J. Super. 254 (App. Div. 2018). In the usual foreclosure case, the same entity owns both the note and the related mortgage. The facts...

The TCCWNA and Towing Companies

Pisack v. B&C Towing, Inc., 455 N.J. Super. 225 (App. Div. 2018). This decision by Judge Gilson today in three consolidated appeals implicates the Predatory Towing Prevention Act, N.J.S.A. 56:13-7...

A Sidewalk Liability Case Involving a Vacant Church

Ellis v. Hilton United Methodist Church, 455 N.J. Super. 33 (App. Div. 2018). The opinion in this case, issued today, involved a slip and fall on a sidewalk that abutted...

The "Single Publication Rule" in the Internet Age, and the "Fair Report" Privilege

Petro-Lubricant Testing Laboratories, Inc. v. Adelman, 233 N.J. 236 (2018). This defamation case, which involves an internet article about an employment discrimination lawsuit that was thereafter reprinted in somewhat different...

A Key Consumer Fraud Case for the Supreme Court

The Supreme Court announced that it has granted review in All the Way Towing, LLC v. Bucks County International, Inc. The question presented on this appeal, as phrased by the Supreme...

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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....

A Recess for the Appellate Division, and for This Blog

The Appellate Division is in a recess this week and next. No oral arguments will occur during that period....

Appellate Division Oral Argument of the Week: Has the School Funding Reform Act Denied Lakewood Public School Students the Constitutionally-Required "Thorough and Efficient" Education?

On Tuesday, April 8, judges on Part D will hear oral argument in Alcantar v. Allen-McMillan, a case filed in 2014 in which the Appellate Division has ruled before, 475 N.J. Super. 56 (App. Div. 2023). This appeal follows on the Appellate Division's prior ruling, unappealed by the State...