NJ Appellate Law Blog

Two Supreme Court Grants of Leave to Appeal: A Miranda Warnings Case and a Consumer Fraud Case

The Supreme Court announced that it has granted leave to appeal in two new cases. In State v. Tiwana, the question presented, as phrased by the Supreme Court Clerk's office...

The Supreme Court Takes Up an Organized Street Crime Case

The Supreme Court announced that it has granted certification in State v. Cooper. The question presented, as phrased by the Supreme Court Clerk's office, is "Did the trial court improperly...

2002 Amendment to the Criminal Statute of Limitations Cannot Apply Retroactively to Allow Prosecution of an Offense Allegedly Committed in 1990

State v. Rosado, 475 N.J. Super. 266 (App. Div. 2023). Judge Gilson began his opinion for the Appellate Division in this case today as follows: "This appeal presents a novel...

Willingboro Mall Rule That Settlements in Mediation Must be Reduced to Writing and Signed at the Mediation Applies to Voluntary Mediations as Well as Court-Ordered Ones

Gold Tree Spa, Inc. v. PD Nail Corp., 475 N.J. Super. 240 (App. Div. 2023). In Willingboro Mall, Ltd. v. 240/242 Franklin Ave., LLC, 215 N.J. 242 (2013), the Supreme...

Two Constitutional Law Decisions From the Appellate Division

State v. Higginbotham, 475 N.J. Super. 205 (App. Div. 2023); In re Appeal of Denial of M.U.'s Application for a Handgun Purchase Permit, 475 N.J. Super. 148 (App. Div. 2023)....

A Search Warrant for a Bullet, and a Dispute Over Whether a Prosecutors' Association is a Public Agency Subject to OPRA, for the Supreme Court

The Supreme Court announced that it has granted review in two more cases. One of those is before the Court on a grant of leave to appeal, while the Court...

Judge Kay Walcott-Henderson is Temporarily Assigned to the Appellate Division

In an Order dated March 14 but published today, Chief Justice Rabner announced that Judge Kay Walcott-Henderson has been temporarily assigned to the Appellate Division. She has been assigned to...

A Lesson in Attorneys' Fee Applications From Justice Patterson

Hansen v. Rite Aid Corp., 253 N.J. 191 (2023). This opinion by Justice Patterson for a 5-0 Supreme Court (Justice Fasciale did not participate) reaffirms the attorneys' fee award principles...

The West Orange Library Site is Not "In Need of Redevelopment"

Malanga v. Township of West Orange, 253 N.J. 291 (2023). The Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. ("LHRL"), allows a municipality to declare a property "in need...

Two Grants of Leave to Appeal, and One Grant of Certification, by the Supreme Court

Supreme Court grants of certification far outnumber grants of leave to appeal. But not this time. The Supreme Court announced two grants of leave to appeal, both in criminal cases,...

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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....

The First Supreme Court Grant of Review in the 2025-26 Term

The Supreme Court announced that it has granted leave to appeal in State v. Caneiro, a quadruple homicide case. The question presented, as phrased by the Supreme Court Clerk's office, is "Under the circumstances presented, where defendant's house was on fire, was the warrantless seizure of evidence from the garage justified under the exigent circumstances exception to the warrant requirement?"...