NJ Appellate Law Blog

Justices Behaving Badly

Henry v. New Jersey Dep't of Human Services, 204 N.J. 320 (2010), and Johnson v. Johnson, 204 N.J. 529 (2010). These two decisions will not be remembered for the facts or holdings of the...

A Rare Signed Not-for-Publication Opinion

King v. Lopez, 2010 WL 4940051 (App. Div. Dec. 7, 2010). This decision, which involves a contested election for a Jersey City ward council seat, was issued as not for...

Abuse of Discretion Standard

Lucante v. Lucante, 2010 WL 4570211 (App. Div. Nov. 15, 2010). This opinion contains a lengthy discussion of the concept of abuse of discretion. There are a number of useful...

A Plug for the Appellate Pro Bono Civil Pilot Program

Baptiste v. Baptiste, 2010 WL 5395803 (App. Div. Oct. 29, 2010). In this otherwise run-of-the-mill appeal, the Appellate Division thanked a private lawyer for appearing with plaintiff at oral argument...

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A Megan's Law Scoring Appeal for the Supreme Court

The Supreme Court announced that it has granted certification in In the Matter of the Registration of K.M. The question presented, as phrased by the Supreme Court Clerk's office, is "Can conduct committed by a co-conspirator be used to determine a Megan's Law registrant's score on factor two (degree of contact) of the Registrant Risk Assessment Scale?" The Law Division gave a factor two score of zero, but the Appellate Division, in an unpublished per curiam opinion by a two-judge panel, reversed and remanded the case for further proceedings....

Judge Gilson Reminds Us of Two Fundamental Class Action Principles

Paciorkowski v. Jetson Electric Bikes LLC, ___ N.J. Super. ___ (App. Div. 2026). Plaintiff, an attorney, filed a putative class action for consumer fraud and on other theories against defendant He alleged that he had purchased three electric bikes from defendant, that the bikes had several problems that made them essentially unusable by adults, and that New Jersey law effectively made the bikes illegal to use in New Jersey....

In Its First Week of Recess, The Appellate Division Issues Three Published Opinions

Though the Appellate Division's two-week recess means no oral arguments, that court has not been dormant. In the week just ending, the first of the two recess weeks, the Appellate Division issued three published opinions. Here are summaries:...

An Amendment to the Appellate Division's Guidelines for Entertaining Emergent Applications

On March 19, 2018, the Appellate Division issued guidelines setting forth the criteria considered by the court in reviewing applications for permission to file an emergent motion and offered examples of how those guidelines are applied. Yesterday, the Appellate Division issued an amendment that addresses the procedures for emergent applications after hours, on weekends, or on holidays....