NJ Appellate Law Blog

Three More Cases for the Supreme Court

The Supreme Court announced this afternoon that it has granted review in three more cases. Each involves a grant of certification. In Gramiccioni v. Department of Law & Public Safety,...

Public Employee Pension Applications May be Reopened by Beneficiaries, Even if Those Applications Have Not Been Approved

Minsavage v. Board of Trustees, Teachers' Pension & Annuity Fund, ___ N.J. ___ (2019). This per curiam opinion addressed the question "whether a widow can modify the retirement application of...

Five More Cases, Including a Certified Question From the Third Circuit, for the Supreme Court

The Supreme Court has granted review in five more appeals. One of them involves a question certified to it by the Third Circuit Court of Appeals, one is before the...

Limits on the Ability of the Director of the Division of Civil Rights to Sue in Superior Court

Sashihara v. Nobel Learning Communities, Inc., ___ N.J. Super. ___ (App. Div. 2019). In this case, M.M. ("Jane"), a child with Down's Syndrome, was enrolled by her parents at a...

The Supreme Court Loads Up on New Appeals

The Supreme Court usually adds new appeals in relatively small groups. But its latest tranche of grants of review consists of eight new cases, implicating numerous different area of the...

A "Pennysaver" Anniversary

On this date in 1984, the Supreme Court decided two cases, Fairlawn Shopper, Inc. v. Director, Div. of Taxation, 98 N.J. 64 (1984), and Today Newspapers, Inc. v. Director, Div....

Two New Cases for the Supreme Court

The Supreme Court announced that it has granted certification in two cases, which are numbers A-2 and A-3 in the current Term. Both appeals are from published opinions by three-judge...

Busy Days at the Third Circuit, Part 2

Yesterday's post noted that the Third Circuit has published a number of opinions in recent days. Here are summaries of some more of those opinions, all of which emanate from...

Lepis Standard Requiring Changed Circumstances Before Financial Discovery of Ex-Spouse Can be Obtained Survives 2014 Alimony Statute Amendment

Landau v. Landau, 461 N.J. Super. 107 (App. Div. 2019). The honor of the first published Appellate Division decision of the new Term goes to Judge Accurso in this matrimonial...

Appellate Division Roundup

The Appellate Division does not issue many opinions in August, as the judges clean up remaining inventory. But there have been some significant published opinions in the last two weeks....

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Three Supreme Court Decisions to Catch Up On

This is the second post that catches up with appellate developments last week and this week. The Supreme Court issued rulings in three cases during that period. Two of those appeals involved unanimous opinions. The third engendered a relatively rare 5-2 split among the Justices. Here are summaries:...

Three More Criminal Appeals for the Supreme Court

Much of last week was consumed by a sojourn in Hershey, PA for the Third Circuit Judicial Conference, a very enjoyable and educational experience. As a result, it's time for some catching up. Today's is the first such post....

Statutory Ban on Retroactive Reduction of Court-Ordered Child Support is Inapplicable to Reductions Based on a Child's Emancipation

Bournes v. Harris, ___ N.J. Super. ___ (App. Div. 2026). This post-dissolution appeal from the Family Part involved several questions arising out of a Marital Settlement Agreement ("MSA") entered in a Texas court. In an opinion by Judge Firko, the Appellate Division affirmed a ruling by Judge Lougy, whom the panel identified by name, that New Jersey courts had jurisdiction to enforce and to modify the Texas MSA, and that Judge Lougy properly enforced arrears....

Common Law Bad Faith Claims and Claims Under the Insurance Fair Conduct Act Should, In Many Cases, be Deferred Until After Resolution of Underinsured Motorist Claims

Tenenbaum v. Allstate Ins. Co., ___ N.J. Super. ___ (App. Div. 2026). Judge Natali's opinion for the Appellate Division in this matter today involved two matters that were before the court on leave to appeal. The issue in both cases was whether and when "common law bad faith claims under Pickett v. Lloyd's, 131 N.J. 457, 467 (1993), and those brought under the recently adopted Insurance Fair Conduct Act (IFCA), N.J.S.A. 17:29BB-1 to -3," should be stayed until resolution of all disputes relating to underinsured motorist ("UIM") claims brought in the same action....