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

A Lesson in Attorneys' Fee Applications From Justice Patterson

Hansen v. Rite Aid Corp., 253 N.J. 191 (2023). This opinion by Justice Patterson for a 5-0 Supreme Court (Justice Fasciale did not participate) reaffirms the attorneys' fee award principles...

The West Orange Library Site is Not "In Need of Redevelopment"

Malanga v. Township of West Orange, 253 N.J. 291 (2023). The Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. ("LHRL"), allows a municipality to declare a property "in need...

Two Grants of Leave to Appeal, and One Grant of Certification, by the Supreme Court

Supreme Court grants of certification far outnumber grants of leave to appeal. But not this time. The Supreme Court announced two grants of leave to appeal, both in criminal cases,...

Warrantless Search of an Automobile is Improper Unless the Circumstances Giving Rise to Probable Cause Are "Unforeseeable and Spontaneous"

State v. Smart, 253 N.J. 156 (2023). As Justice Fasciale discussed in great detail in his opinion today for a unanimous (5-0, with Justice Solomon and Judge Sabatino not participating)...

Another "Kind for Kind" Affidavit of Merit Decision

Pfannenstein v. Surrey, 475 N.J. Super. 83 (App. Div. 2023). At least since Buck v. Henry, 207 N.J. 377 (2011), and Nicholas v. Mynster, 216 N.J. 463 (2013), New Jersey's...

The Appellate Division Declines to Rewrite N.J.S.A. 39:6A-4.5(b)

Castano v. Augustine, 475 N.J. Super. 71 (App. Div. 2023). N.J.S.A. 39:6A-4.5(b), enacted as part of the reform of New Jersey's automobile insurance system, states: "Any person who is convicted...

The Last Half of February in the Appellate Division

This follows up on yesterday's post about the second half of February in the Supreme Court. Here are summaries of some of the Appellate Division's published opinions issued in the...

The Last Half of February in the Supreme Court

Preparation for a big Appellate Division argument at the end of February limited my ability to post for a period of time. But our courts were busy during that time....

The Supreme Court Will Review a Case About In-Court Identifications of a Criminal Defendant

The Supreme Court announced that it has granted review in State v. Washington. The question presented, as phrased by the Supreme Court Clerk's office, is "Did the prosecutor's pretrial preparation...

Two Class Action Decisions by the Appellate Division

Kennedy v. Weichert Co., 474 N.J. Super. 541 (App. Div. 2023). As Judge Messano's opinion in this putative class action case recounted, this matter involves whether commissioned real estate salespeople...

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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...