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

The Anniversary of Hodgson v. Applegate

On this date in 1959, the Supreme Court decided Hodgson v. Applegate, 31 N.J. 29 (1959). Over sixty years later, that opinion is still cited with regularity in cases applying...

The Supreme Court Adds More Cases

The Supreme Court announced that it has granted review in four more cases. Three of those involve grants of certification, while the fourth is before the Court on leave to...

A Mitigating Factor in Sentencing, and the "Rescue Doctrine," Come Before the Supreme Court

The Supreme Court announced that it has granted certification in two more cases. The Court has accelerated and set a peremptory briefing schedule in one of those cases, State v....

Supreme Court of New Jersey Year in Review, 2020-2021

Last year, for the first time, this blog offered an analysis of the Supreme Court's activity in the just-ended Term. It's now time to do that for the 2020-2021 Term...

Two More Criminal Cases for the Supreme Court

The Supreme Court announced that it has granted certification in two more criminal cases. Both are homicides. In State v. Derry, which actually involves two consolidated cases, the question presented,...

The Supreme Court Will Reconsider Its 3-3 Decision in State v. Lodzinski, with Judge Fuentes Added as a Seventh Jurist

State v. Lodzinski, 248 N.J. 451 (2021). In an extraordinary development, the Supreme Court has granted defendant's motion for reconsideration in this long-running, closely-watched murder case. Since Chief Justice Rabner...

The Supreme Court Takes Up a Compassionate Release Case

The Supreme Court announced today that it has granted certification in State v. F.E.D. The question presented, as phrased by the Supreme Court Clerk's office, is "Was defendant eligible for...

Published Opinions From New Jersey's Appellate Courts This Week

Catching up with our appellate courts, here are summaries of the three published opinions (two by the Supreme Court and one by the Appellate Division, in addition to the COVID...

An Unsurprising Grant of Review by the Supreme Court

As discussed here, earlier this year, the Appellate Division affirmed in part and reversed in part the Law Division's dismissal of a case that challenged an ordinance of the City...

Four New Cases for the Supreme Court

The Supreme Court announced that it has granted certification in four new matters. Two of the cases are civil appeals and two are criminal matters. In East Bay Drywall, LLC...

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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...