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

The Supreme Court Will Decide the Constitutional Validity of an Indictment Returned by a Virtual Grand Jury

The Supreme Court announced that it has granted review in State v. Vega-Larregui. Pursuant to Rule 2:12-1, the Court granted direct certification of a portion of defendant's motion to dismiss...

An Anniversary in Damages Law

On this date in 1957, the Supreme Court decided Tessmar v. Grossner, 23 N.J. 193 (1957). The case involved a dispute over patient records from a dermatology practice in Westwood,...

The Supreme Court Follows Plain Statutory Language and Limits the "Good Faith Defense" Under the Wage and Hour Law

Branch v. Cream-O-Land Dairy, ___ N.J. ___ (2021). As summarized here, the Appellate Division in this overtime Wage and Hour Law ("WHL") class action case reversed a summary judgment ruling...

Gubernatorial Pardon Dissolves Statutory Bar on Expungement of Convictions

In re Petition for Expungement of the Criminal Record Belonging to T.O., ___ N.J. ___ (2021). The first Supreme Court opinion of 2021, issued this morning, was authored by Chief...

Bar Pass Rates Remain Steady, Meaning That Committee on Character Cases Likely Will Too

The Supreme Court Clerk's office announced that the pass rate for the most recent New Jersey Bar examination, administered in October, was 66.17%. That was almost identical to the pass...

A (No) Charitable Immunity Anniversary

As 2005 neared its close, the Supreme Court decided Tonelli v. Wyckoff Tp. Bd. of Educ., 185 N.J. 438 (2005), on December 28 of that year. The case arose when...

Lite DePalma Greenberg, LLC Will Become Lite DePalma Greenberg & Afanador, LLC on January 1

It is a pleasure to announce here what is also being announced elsewhere: as of January 1, 2021, my firm, Lite DePalma Greenberg, LLC will become Lite DePalma Greenberg &...

Attorneys Whose Retainer Agreements Include Mandatory Arbitration for Malpractice Claims or Fee Disputes Must Explain the Arbitration Clause to the Client Up Front

Delaney v. Dickey, ___ N.J. ___ (2020). Justice Albin's opinion for a unanimous Supreme Court in this case today is an important one for attorneys and their clients. The Court...

The Supreme Court Takes Up a Legal Malpractice Case

The Supreme Court announced that it has granted certification in Gilbert v. Stewart. The question presented, as phrased by the Supreme Court Clerk's office, is "In this legal malpractice action,...

A Use Variance Anniversary: Ward v. Scott

On December 15, 1952, the Supreme Court decided Ward v. Scott, 11 N.J. 117 (1952). Though the municipal law applicable at the time that case was decided has largely been...

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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...