NJ Appellate Law Blog

Gubernatorial Pardon Dissolves Statutory Bar on Expungement of Convictions

In re Petition for Expungement of the Criminal Record Belonging to T.O., ___ N.J. ___ (2021). The first Supreme Court opinion of 2021, issued this morning, was authored by Chief...

The Passaic River Was Navigable at the Route 3 Bridge, Entitling an Injured Maritime Worker to Benefits

Wilson v. Director, Office of Workers Compensation Programs, United States Dep't of Labor, ___ F.3d ___ (3d Cir. 2020). The final published opinion of the Third Circuit in 2020 was...

A (No) Charitable Immunity Anniversary

As 2005 neared its close, the Supreme Court decided Tonelli v. Wyckoff Tp. Bd. of Educ., 185 N.J. 438 (2005), on December 28 of that year. The case arose when...

Successive Tortfeasors and the "Settlement Credit" of Ciluffo v. Middlesex Gen'l Hosp.

Glassman v. Friedel, 465 N.J. Super. 436 (App. Div. 2020). Ciluffo v. Middlesex Gen'l Hosp., 146 N.J. Super. 476 (App. Div. 1977), was a case involving how to handle a...

Two Accelerated Appeals, and Two Others, for the Supreme Court

The Supreme Court announced that it has granted certification in four new cases. In two of them, the Court set accelerated schedules. The first of those, which involves five consolidated...

Dog Bite, OPRA, "Ministerial Act," and Ineffective Assistance of Counsel Appeals for the Supreme Court

The Supreme Court announced that it has granted certification in four new appeals. As is often the case, the nature of those matters is very varied. In Goldhagen v. Pasmowitz,...

The Attorney General's Directives Regarding Release of Police Officer Disciplinary Information Are Upheld by the Appellate Division

In re AG Law Enforcement Directive Nos. 2020-5 & 2020-6, 465 N.J. Super. 111 (App. Div. 2020). Here is how Judge Accurso began her opinion for the Appellate Division in...

Two Grants of Certification and a Solicitation for Amicus Briefs by the Supreme Court

All New Jersey state and federal courts are closed today for Columbus Day. But late last Friday, the Supreme Court announced that it had granted review in two more criminal...

Kicking Off the New Term, The Supreme Court Grants Review in Five Cases

The Supreme Court announced that it has granted certification in five cases. These are the first grants of the current Term. In HC Equities, LP v. County of Union, which...

Arbitration Clause is Enforceable Despite Absence of Specified Arbitration Forum

Flanzman v. Jenny Craig, Inc., 244 N.J. 119 (2020). As discussed here, the Appellate Division in this employment discrimination case held that an arbitration provision that did not specify a...

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Three Supreme Court Decisions to Catch Up On

This is the second post that catches up with appellate developments last week and this week. The Supreme Court issued rulings in three cases during that period. Two of those appeals involved unanimous opinions. The third engendered a relatively rare 5-2 split among the Justices. Here are summaries:...

Three More Criminal Appeals for the Supreme Court

Much of last week was consumed by a sojourn in Hershey, PA for the Third Circuit Judicial Conference, a very enjoyable and educational experience. As a result, it's time for some catching up. Today's is the first such post....

Statutory Ban on Retroactive Reduction of Court-Ordered Child Support is Inapplicable to Reductions Based on a Child's Emancipation

Bournes v. Harris, ___ N.J. Super. ___ (App. Div. 2026). This post-dissolution appeal from the Family Part involved several questions arising out of a Marital Settlement Agreement ("MSA") entered in a Texas court. In an opinion by Judge Firko, the Appellate Division affirmed a ruling by Judge Lougy, whom the panel identified by name, that New Jersey courts had jurisdiction to enforce and to modify the Texas MSA, and that Judge Lougy properly enforced arrears....

Common Law Bad Faith Claims and Claims Under the Insurance Fair Conduct Act Should, In Many Cases, be Deferred Until After Resolution of Underinsured Motorist Claims

Tenenbaum v. Allstate Ins. Co., ___ N.J. Super. ___ (App. Div. 2026). Judge Natali's opinion for the Appellate Division in this matter today involved two matters that were before the court on leave to appeal. The issue in both cases was whether and when "common law bad faith claims under Pickett v. Lloyd's, 131 N.J. 457, 467 (1993), and those brought under the recently adopted Insurance Fair Conduct Act (IFCA), N.J.S.A. 17:29BB-1 to -3," should be stayed until resolution of all disputes relating to underinsured motorist ("UIM") claims brought in the same action....