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

If a Defendant Waives a Personal Jurisdiction Defense, a Court Cannot Dismiss for Lack of Personal Jurisdiction

Triffin v. Southeastern Pennsylvania Transportation Auth., 462 N.J. Super. 172 (App. Div. 2020). Judge Fisher issued the Appellate Division's opinion on this appeal just eight days after it was argued....

How to Get Appellate Judges Angry: Attack Their Opinion as Too Concise

New Jersey Division of Child Protection and Permanency v. A.L., 462 N.J. Super. 127 (App. Div. 2020). On October 28, 2019, in a per curiam opinion that can be found...

"Pay and Go" Landlord-Tenant Settlement Constituted an Accord and Satisfaction

Raji v. Saucedo, ___ N.J. Super. ___ (App. Div. 2019). Judge Fisher's first published opinion of the current Term was another model of concision, consuming less than eight pages. The...

Three More Supreme Court Grants of Review

The Supreme Court announced that is has granted certification in three more cases. Two of them are criminal appeals. The third is an insurance case in which, due to a...

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...

Administrative agency actions Justice Faustino Fernandez-Vina

Certain Underwriters at Lloyds Subscribing to Policy PLH-0013397 v. Public Service Electric and Gas, 459 N.J. Super. 436 (App. Div. 2019). Judge Fisher's opinion in this appeal today was barely...

Involuntary Commitments Orders Don't Become Moot Merely Because Confinement Has Ended

In re Civil Commitment of C.M., 458 N.J. Super. 563 (App. Div. 2019). The doctrine of mootness enables courts to avoid disputes that are not "live." Today's opinion by Judge...

If You Appeal But Don't Follow Through, Don't Come Back Later With Your Issues From the Abandoned Appeal

Park Crest Cleaners, LLC v. A Plus Cleaners & Alterations Corp., 458 N.J. Super. 465 (App. Div. 2019). This opinion by Judge Fisher today dismissed an appeal under convoluted facts....

Law Against Discrimination is Not Limited by the Compassionate Use Medical Marijuana Act

Wild v. Carriage Funeral Holdings, Inc., 458 N.J. Super. 416 (App. Div. 2019). Plaintiff in this case under the Law Against Discrimination, N.J.S.A. 10:5-1 to -49 ("LAD"), used medical marijuana,...

Courts Can Consider Arguments Not Raised Below in Order "To Accomplish a Just Result"

In re Robert Brown, Police Sergeant (PM0622N), City of Salem, 458 N.J. Super. 284 (App. Div. 2019). As discussed here, in general, appellate courts will not review issues that were...

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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...