NJ Appellate Law Blog

Three Appellate Division Judges Are Temporarily Assigned to Sit on the Supreme Court

The Supreme Court has been functioning for months with four Justices, plus Judge Fuentes on temporary assignment. Judge Fuentes is due to retire on September 1. At that time, the...

The 2022-2023 General Assignment Order, With Some Shakeups in the Appellate Courts

Today, Chief Justice Rabner issued the 2022-2023 General Assignment Order. From an appellate perspective, the headline news is that Judges Fisher, Sabatino, and Fasciale have been temporarily assigned to the...

The Appellate Division Will Sit in Freehold on August 16

Most Appellate Division oral arguments occur in a few locations, such as Trenton, Newark, Morristown, and Hackensack (though that is not an exhaustive list). Occasionally, however, the Appellate Division sits...

An Opinion About Stays From Judge Accurso

In re New Jersey Transit Award of Contracts No. 21-048A and 21-048B, 473 N.J. Super. 261 (App. Div. 2022). Published opinions from appellate courts about stays are relatively rare. Today,...

Plaintiff Who Suffered Financial Harm From Consumer Transaction Had Standing to Sue Despite Refusing Refund From Defendants

Adam v. Barone, 41 F.4th 230 (3d Cir. 2022). [Disclosure: I am one of the counsel for the successful plaintiff in this case]. Here is how Judge Smith began his...

Judicial, Equitable, and Collateral Estoppel, as Well as Waiver, Barred a Municipality's Arguments in the Mount Laurel Context

In re Borough of Englewood Cliffs, 473 N.J. Super. 189 (App. Div. 2022). Judge Gilson's opinion for the Appellate Division in this case today arose out of the settlement of...

Tolling of Statute of Limitations for Claims by Minors Does Not Apply to Minors Who Have Died, and on Whose Behalf a Wrongful Death Case is Brought

Monk v. Kennedy University Hospital, Inc., 473 N.J. Super. 178 (App. Div. 2022). This opinion today by Judge Berdote Byrne is, I believe, her first published decision for the Appellate...

Two by Justice Albin

Fowler v. Akzo Nobel Chemicals, Inc., 251 N.J. 300 (2022); Linden Democratic Committee v. City of Linden, 251 N.J. 415 (2022). As Justice Albin's tenure on the Supreme Court nears...

Tinted Windows and Automobile Stops

State v. Smith, 251 N.J. 244 (2022). Here is how Justice Solomon began his opinion for a unanimous Court in this case today: "N.J.S.A. 39:3-74 prohibits operation of a vehicle...

A Class Certification Opinion by Judge Porter, With a Concurring Opinion by … Judge Porter

Allen v. Ollie's Bargain Store, Inc., 37 F.4th 890 (3d Cir. 2022). This blog has reported on several Third Circuit cases in which a unanimous panel opinion was accompanied by...

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Appellate Division Oral Argument of the Week: What Effect Does the Federal Ending Forced Arbitration Act Have in a Hostile Work Environment Case?

Tomorrow, September 16, judges on Part B of the Appellate Division will hear oral argument in Cintron v. Brink's, Incorporated. That is a hostile work environment case brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq....

Two Criminal Appeals and Two Eminent Domain Cases for the Supreme Court

The Supreme Court announced that it has granted review in four new cases. Two of them are criminal matters. The other two involve eminent domain issues. One of the criminal appeals is before the Court on leave to appeal, the second grant of leave to appeal in the current Term. The Court granted certification in the other three matters....

Appellate Division Oral Argument of the Week: Can the Borough of Caldwell Recoup Payment for Professional Services That it Previously Made?

Tomorrow, September 11, a panel of judges on the Appellate Division's Part B will hear oral argument in Borough of Caldwell v. Cozzarelli-Cirminiello Architects, LLC. The case is before the Appellate Division following the grant of defendant's motion for leave to appeal the denial of its motion to dismiss the Complaint....

The First Published Appellate Division Opinion of the 2025-26 Term

Alcantara v. Moro, ___ N.J. Super. ___ (App. Div. 2025). Judge Smith authored this opinion for the Appellate Division, that court's first published opinion of the new Term. The appeal was from a final decision of the Commissioner of the New Jersey Department of Education that the School Funding Reform Act, N.J.S.A. 8A:7F-43 et seq. ("SFRA"), was constitutional as applied to the Township of Lakewood....