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

Health Club Membership Agreements Are Not Retail Installment Sales Contracts

Mellet v. Aquasid, LLC, ___ N.J. Super. ___ (App. Div. 2017). The decision in this consumer protection case was issued in June as an unpublished opinion. Defendant then asked the...

Last-Minute Motions in Limine Cannot Properly be Used Instead of Properly Noticed Dispositive Motions

L.C. v. M.A.J., 451 N.J. Super. 408 (App. Div. 2017). In Cho v. Trinitas Regional Medical Center, 443 N.J. Super. 461 (App. Div. 2016), discussed here, Judge Espinosa wrote an...

In a Construction Defect Case, the Supreme Court Again Clarifies Statute of Limitations Law

The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, 230 N.J. 427 (2017). This opinion, by Justice Albin for a unanimous Court, involved a lengthy construction...

Volunteer Fireman is Not an "Employee" of His Volunteer Fire Company for Purposes of CEPA

Sauter v. Colts Neck Volunteer Fire Co. No. 2, 451 N.J. Super. 581 (App. Div. 2017). The Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -14 ("CEPA") protects "employees who report...

Plaintiff is Over the Moon, as the Third Circuit Applies New Jersey's Arbitration Cases to Defeat Defendant's Demand for Arbitration

Moon v. Breathless, Inc., 868 F.3d 209 (3d Cir. 2017). At least since 2014, when the Supreme Court of New Jersey decided Atalese v. U.S. Legal Servs. Grp., L.P., 219...

Another Accutane Decision, and a Big Win for Plaintiffs

, 451 N.J. Super. 153 (App. Div. 2017). [Disclosure: I was one of the counsel who argued this appeal for the successful plaintiffs]. This must be Accutane week. On Tuesday,...

Defendant Who Fails to Timely Serve Notice of Tort Claim Cannot Sue Public Entity for Contribution or Common Law Indemnification

Jones v. Morey's Pier, Inc., 230 N.J. 142 (2017). Under the New Jersey Tort Claims Act, N.J.S.A. 59:8-8, a tort plaintiff who fails to timely serve a notice of tort...

Accutane Plaintiffs Overcome the "Super-Presumption" That FDA-Approved Warnings About Drugs are Adequate

In re Accutane Litig., 2017 WL 3138003 (App. Div. July 25, 2017). [Disclosure: I argued for the successful plaintiffs in one of these two consolidated appeals, the one that involved...

An LAD Opinion From the Supreme Court in a Disability Discrimination Case

Grande v. Saint Clare's Health System, 230 N.J. 1 (2017). Today's unanimous, scholarly opinion by Justice Solomon, with an equally scholarly concurring opinion by Jsutice LaVecchia, arose from an appeal...

Life Estates in Real Property Are Subject to Principles of Equitable Subrogation

Ocwen Loan Services, LLC v. Quinn, 450 N.J. Super. 393 (App. Div. 2017). The doctrine of equitable subrogation provides that "a refinancing lender whose security turns out to be defective...

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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...