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

The First Step Toward Rejection of a Dubious Consumer Fraud Act Defense

All the Way Towing, LLC v. Bucks County International, Inc., 452 N.J. Super. 565 (App. Div. 2018). Today's opinion by Judge Fisher reaffirms a fundamental principle: on summary judgment, a...

A Split Appellate Division Decision About the Charitable Immunity Act: On to the Supreme Court?

Green v. Monmouth University, 452 N.J. Super. 542 (App. Div. 2018). Today's opinion by Judge Leone affirmed summary judgment in favor of defendant Monmouth University under the Charitable Immunity Act,...

Failure to Submit Affidavit of Merit Timely Does Not Always Call for Dismissal With Prejudice

A.T v. M. Cohen, M.D., 231 N.J. 237 (2017). "This was an appeal as of right in a medical malpractice case in which plaintiff was a minor. Due to counsel's...

Advance Disclaimer by Employee of Right to Sue Third Party for Injuries Covered by Workers' Compensation Statutes Violates Public Policy

Vitale v. Schering-Plough Corp., 231 N.J. 234 (2017). Plaintiff was hired as a security guard by a security company. The company required him to agree to waive any claim against...

The Supreme Court Takes Up Accutane Appeals and an Evidence Matter

The Supreme Court announced late last Friday that it has granted review in three more cases. Two of those cases involve the long-running Accutane Multi-County Litigation, which the Court has...

The Third Circuit Overrules a Precedent "On an Important Question of Maritime Law"

Joyce v. Maersk Line Ltd., 876 F.3d 502 (3d Cir. 2017). Today's decision by Judge Jordan for a unanimous en banc court began with a pun and continued as follows:...

Two "Affirmed on the Opinion Below" Rulings From the Supreme Court

Yesterday and today, the Supreme Court did what it does not often do: affirm a decision of the Appellate Division substantially for the reasons expressed by the Appellate Division, rather...

Which Appellate Deadlines Are Jurisdictional?

Hamer v. Neighborhood Housing Services of Chicago, 138 S.Ct. 13 (2017). In Bowles v. Russell, 551 U.S. 205 (2007), the Supreme Court of the United States explained that an appeal...

A Brokerage Commission Case, Where the Broker's Third-Party Beneficiary, Unjust Enrichment, and Quantum Meruit Claims Failed

Pollack v. Quick Quality Restaurants, Inc., 452 N.J. Super. 174 (App. Div. 2017). The first paragraph of Judge Gibbons Whipple's opinion for the Appellate Division well encapsulated what this appeal...

A Case That Everyone Knows: Brill v. Guardian Life Ins. Co., Decided 22 Years Ago Today

If there is one case that every New Jersey litigator, and even most non-litigators, know, it is Brill v. Guardian Life Ins. Co., 142 N.J. 520 (1995). That opinion, written...

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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...