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

No Jurisdiction in New Jersey Over Boys and Girls Clubs of America

E.T. v. The Boys and Girls Club of Hudson County, 478 N.J. Super. 102 (App. Div. 2024). This appeal actually consisted of six consolidated matters. Similar to recent decisions involving...

Three Published Appellate Division Decisions Last Week

All was quiet on the Supreme Court front last week. But the Appellate Division issued three published opinions. Here are summaries. Sackman Enterprises, Inc. v. Mayor & Council of Borough...

To Start the Week, A Catch-Up Post

While the Supreme Court has been quiet since it handed down this decision, the Appellate Division has issued six published opinions during the recent period. Here are summaries of those...

A Patient Safety Act Case for the Supreme Court

The Supreme Court announced that it has granted leave to appeal in Keyworth v. CareOne at Madison Avenue, a matter that actually involves two consolidated cases. The question presented, as...

Though New Jersey Plaintiff, Not Utah Defendant, Originated Their Business Relationship, New Jersey Still Has Personal Jurisdiction Over Defendant

Allure Pet Products, LLC v. Donnelly Marketing & Development LLC, 477 N.J. Super. 541 (App. Div. 2024). Today's opinion by Judge Sabatino in this case dealt with the question of...

Affidavit of Merit "Alleging Collective Negligence by Multiple Unidentifiable Nurses Was Inadequate"

Hargett v. Hamilton Park Opco, LLC, 477 N.J. Super. 390 (App. Div. 2023). Judge Vinci wrote the opinion in this case under the Affidavit of Merit statute, N.J.S.A. 2A:53A-26 et...

The First Half of August- Supreme Court Decisions in Civil Cases

Following up on yesterday's post regarding criminal appeals decided by the Supreme Court in the first half of August, this post summarizes the Court's decisions in civil cases during that...

Plaintiffs Can Seek to Be Accompanied to a Defense Medical Examination by a Third Person or to Record the Examination, and (Contrary to the Appellate Division) Plaintiffs Do Not Bear the Burden of Pro

DiFiore v. Pezic, 254 N.J. 212 (2023). [Disclosure: Catherine B. Derenze, my colleague at Lite DePalma Greenberg & Afanador, LLC, argued before the Supreme Court in this case on behalf...

A "Reciprocal Discovery" Case for the Supreme Court

The Supreme Court announced that it has granted leave to appeal in State v. Knight. The question presented, as phrased by the Supreme Court Clerk's office, is "Where a witness...

A "Hostile/Warlike" Exclusion in an Insurance Policy Does Not Bar Coverage for a Cyberattack

Merck & Co., Inc. v. Ace American Ins. Co., 475 N.J. Super. 420 (App. Div. 2023). Plaintiff ("Merck") suffered a cyberattack from malware known as NotPetya. An expert for Merck's...

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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...