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

Alimony and Parole Appeals for the Supreme Court

The Supreme Court announced that it has granted certification in two new appeals. One involves an issue of alimony. The other addresses conditions on parole. The alimony case is Cardall...

Two Supreme Court Opinions in Criminal Cases

State v. Canfield, 252 N.J. 497 (2023). Today, the Supreme Court unanimously affirmed, in large part, the 137-page opinion of the Appellate Division in this case, which was summarized here....

A New Year, a New Look, and the First Appellate Division Decision of 2023

After a nearly month-long hiatus, including time to iron out kinks in the long-overdue new look for this blog, this is the first post of 2023. Happy new year to...

The Supreme Court in the Second Half of November

After a first half of November with no Supreme Court opinions, the Court issued five opinions in the second half. Two of those decisions were discussed here and here. This...

Trial Judges Have Discretion in What Order to Address Suppression Motions in the Family Part or Waivers to the Criminal Part in Criminal Cases Involving Juveniles Sought to be Tried as Adults

State ex rel. E.S., 252 N.J. 331 (2022). As discussed here, last year the Appellate Division addressed the "unsettled" question of which should come first in a criminal case involving a...

Fraud in the Inducement Claim Won't Defeat Forum Selection Clause Unless Fraud Involved That Clause Specifically

Largoza v. FKM Real Estate Holdings, Inc., 252 N.J. Super. 331 (App. Div. 2022). A line of federal cases that includes Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388...

One More Criminal Case for the Supreme Court

The Supreme Court announced that it has granted certification in another criminal matter, a robbery case. The appeal is State v. Watson, and the question presented, as phrased by the Supreme...

Judge Sumners Will Become Presiding Judge of Appellate Division Part F on November 29

As discussed here, Judge Fisher, the Presiding Judge of the Appellate Division's Part F, will reach mandatory retirement age on November 29. Chief Justice Rabner has now announced that, as of...

Admitted Violation of Defendant's Miranda Rights, Which is Presumed to be Harmful Error, Was Not Harmless in This Case

State v. Wade, 252 N.J. 209 (2022). As Justice Solomon said in his unanimous opinion for the Supreme Court today in this murder case, New Jersey courts "rarely find an...

Two New Temporary Assignments of Judges to the Appellate Division

Chief Justice Rabner issued Orders, effective yesterday, temporarily assigning two trial level judges to the Appellate Division. Judge James Paganelli, who sits in the Essex County Chancery Division, General Equity,...

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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...