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

Sovereign Immunity Prevails, But the State Police Still Lose

Royster v. New Jersey State Police, 227 N.J. 482 (2017). Today's decision is a unique one. Writing for the majority of five Justices (Justices LaVecchia, Patterson, Fernandez-Vina, Solomon, and Timpone),...

Alter Ego Theory Failed to Sustain Personal Jurisdiction Over Foreign Parent Corporation

FDASmart, Inc. v. Dishman Pharmaceuticals & Chemicals Ltd., 448 N.J. Super. 195 (App. Div. 2016). Plaintiff filed an action for breach of contract against two defendants, Dishman Pharmaceuticals & Chemicals,...

Rule 11 Sanctions Are Not to be Imposed for Minor Alleged Offenses

Moeck v. Pleasant Valley School District, 844 F.3d 387 (3d Cir. 2016). Motions for sanctions under Federal Rule of Civil Procedure 11 are not favored because, as Judge Shwartz pointed...

Avoiding an Absurd Result in a Statute of Limitations Case Under the Survivor Act

Warren v. Muenzen, 448 N.J. Super. 52 (App. Div. 2016). A 2009 amendment to the Survivor Act, N.J.S.A. 2A:15-3, included language that "[e]very action brought under this chapter shall be commenced...

A Section 1292(b) Appeal on an Employment Discrimination Issue

Carroll v. Delaware River Port Authority, 843 F.3d 129 (3d Cir. 2016). 28 U.S.C. §1292(b) permits a District Court to certify a question of law to a Court of Appeals...

Supreme Court Will Review OPRA, Statute of Limitations, and Employment Contract Cases

The Supreme Court announced this afternoon that it has granted review in three more cases. The first is an Open Public Records Act ("OPRA") case, Paff v. Ocean County Prosecutor's...

Fiscal Emergencies Alone Do Not Permit Public Employers to Adversely Affect Employee Compensation in Violation of Collective Bargaining Agreements

In re Robbinsville Tp. Bd. of Educ. v. Washington Tp. Educ. Ass'n, 227 N.J. 192 (2016). In Borough of Keyport v. International Union of Operating Engineers, 222 N.J. 314 (2015),...

Editorial: Tomorrow is Election Day

Tomorrow is Election Day. This election presents one of the most consequential choices between major party candidates for President of the United States that this nation has ever seen. When...

No Valid Settlement With DEP Absent Signature and Public Notice of Proposed Settlement

Cumberland Farms, Inc. v. New Jersey Dep't of Environmental Protection, 447 N.J. Super. 444 (App. Div. 2016). Plaintiff ("CFI") operates convenience stores and gas stations in many locations in New...

Three More Cases for the Supreme Court

The Supreme Court announced that three more cases have been added to its docket. State v. Carrero, Jr. is before the Court by virtue of a dissent in the Appellate...

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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...