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

Three New Supreme Court Grants of Review

The Supreme Court announced that it will consider three new matters. Two of those involved grants of certification, while the third was an appeal as of right. The appeal as...

Bidder for a Public Contract Need Not Provide Home Addresses of Persons Owning More Than 10% of the Bidding Company

Asphalt Paving Systems, Inc. v. The Borough of Stone Harbor, 474 N.J. Super. 56 (App. Div. 2022). This opinion by Judge Fisher today consumed only six pages. The issue was...

Statutory Limit on Removed Municipal Administrator's "Salary" Applies to "Severance"

Carelli v. Borough of Caldwell, ___ N.J. Super. ___ (App. Div. 2022). N.J.S.A. 40A:9-138 deals with the removal of a municipal administrator from office. The statute provides for a resolution...

A Licensed Practical Nurse is Not a "Licensed Person" Under the Affidavit of Merit Statute

Gilligan v. Junod, ___ N.J. Super. ___ (App. Div. 2022). As Judge Gilson stated in his opinion for the Appellate Division today, this case "present[ed] a question of first impression:...

No Disqualifying Conflict of Interest by Insurance Company-Assigned Counsel in a Workers' Compensation Case

Alam v. Ameribuilt Contractors, 474 N.J. Super. 30 (App. Div. 2022). This was a workers' compensation appeal in which the Law Division had disqualified insurance company-assigned counsel for respondent-appellant Ameribuilt...

"The Future of Court Operations- Updates to In-Person and Virtual Court Events"

Chief Justice Rabner issued an Order titled as above yesterday. The full Order is available here. The Order supersedes the Court's November 18, 2021 Order regarding in-person versus virtual proceedings....

The Effect of an Amendment to Prong Two of the "Best Interests of the Child" Test in Termination of Parental Rights Proceedings

New Jersey Division of Child Protection & Permanency v. D.C.A., 474 N.J. Super. 11 (App. Div. 2022). This opinion today by Judge Whipple affirmed the decision of a Family Part...

The First Supreme Court Opinion of the Current Term

Dennehy v. East Windsor Regional Bd. of Educ., 252 N.J. 201 (2022). As discussed here, this case involved an injury to a high school field hockey player at an informal...

The First Published Appellate Division Decisions of October

Today, and on two days last week, the Appellate Division issued its first published opinions since September 29. Here are summaries of those decisions. Meyers v. State Health Benefit Commission...

Judge Fisher Returns to the Appellate Division, and Judge Sumners is Named Acting Deputy Presiding Judge for Administration

With the swearing in of newly-confirmed Justices Fasciale and Wainer Apter, there are now six Justices on the Supreme Court. One seat, left vacant when Justice Albin retired this summer,...

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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...