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

The Appellate Division Elaborates on the Crowe v. DeGioia Standard for Preliminary Injunctive Relief

Yesterday, in an Order authored by Judge Natali, for himself and Judge Messano, the Appellate Division overturned a preliminary injunction against operation of the New Jersey Medical Aid in Dying...

The 2019-2020 General Assignment Order

Chief Justice Rabner has issued the general Assignment Order for 2019-2020. It is available here. As occurs every year, the eight Appellate Division Parts have been reshuffled. But some things...

A Trio of Published Opinions From the Appellate Division Today

Last week, the Appellate Division issued four published opinions on a single day, as discussed here. Today, the court released three published decisions. Here are summaries of those opinions: New...

The Appellate Division Redresses a "Train Wreck"

Zahl v. Eastland, 2019 WL 2025237 (App. Div. May 8, 2019). [Disclosure: I argued this appeal for the successful defendants-appellants, having come into the case after the Law Division entered...

The Local Government Ethics Law and Super Storm Sandy

Mondsini v. Local Finance Board, 458 N.J. Super. 290 (App. Div. 2019). This opinion by Judge Messano deals with an issue under the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 to...

Supplementary Statement of Reasons by a Trial Level Judge, Redux

Abdelkader v. Hosny, 2018 WL 3579897 (App. Div. July 26, 2018). In State in Interest of N.P., 453 N.J. Super. 480 (App. Div. 2018), discussed here, Judge Messano discussed the...

The 2018-19 General Assignment Order

Chief Justice Rabner has issued the General Assignment Order for 2018-19. It is available here. The Appellate Division lineup again features Judge Messano as Presiding Judge for Administration and Judge...

No Cause of Action for "Negligent Identification as a Suspect"

Morris v. T.D. Bank, 454 N.J. Super. 203 (App. Div. 2018). This case arose out of a robbery at a T.D. Bank in Union, New Jersey. Plaintiff, an African-American man,...

The Last Few Weeks, Part 1

Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts...

A Pro Se Prisoner Invalidates the Department of Corrections's Outbound Calling Policy, But …

Grimes v. New Jersey Dep't of Corrections, 452 N.J. Super. 396 (App. Div. 2017). This appeal, decided today, had two unusual wrinkles, apart from its substantive outcome. First, a pro...

1 234…Last

Appellate Division Published Opinions During and After Its Recess

The final day of the Appellate Division's two-week recess was April 25. On that date, the Appellate Division issued a published opinion. Two more published opinions followed during the current week. Here are summaries of those opinions....

"Ethics in Appellate Practice" Seminar at the NJSBA Annual Meeting on May 15

I will be moderating a panel titled "Ethics in Appellate Practice" that will help kick off Day 2 of the New Jersey State Bar Association Annual Meeting on May 15. The presentation will be from 8:45-10 AM. It will feature Judge Gummer of the Appellate Division and distinguished appellate practitioners with experience in and perspectives on ethics in the appellate context from both the plaintiffs' and the defendants' sides....

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....