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

A Tour Through the Tort Claims Act With Judge Currier

Patrick v. City of Elizabeth, 449 N.J. Super. 565 (App. Div. 2017). The Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3 ("TCA"), contains numerous immunities and other impediments for plaintiffs who...

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,...

The "Single Publication Rule" and the One-Year Statute of Limitations Bar a Defamation Case

Petro-Lubricant Testing Laboratories, Inc. v. Adelman, 447 N.J. Super. 391 (App. Div. 2016). The "single publication rule" gives a defamation plaintiff "a single cause of action, which arises at the...

The "Installment Contract" Approach to the Statute of Limitations

In re Estate of Balk, 445 N.J. Super. 395 (App. Div. 2016). Mark Roseman was the executor of a decedent's estate. The decedent's two sons sued Roseman for breach of...

No Affidavit of Merit Needed for Malicious Use of Process Claim Against Attorney

Perez v. Zagami, LLC, 443 N.J. Super. 359 (App. Div. 2016). Plaintiff Perez and defendant Zagami have a lengthy history of litigation against each other, including one case that went...

A Labor Union's Discipline of One of Its Members

Sheet Metal Workers Local Union 22 v. Kavanagh, 443 N.J. Super. 39 (App. Div. 2015). This opinion by Judge Currier today addressed an appeal by defendant, a former member of...

The Appellate Division Lineup for 2015-16

Chief Justice Rabner has issued the General Assignment Order for 2015-16. The full Order, whose assignments take effect on September 1, 2015, can be viewed here. As far as the Appellate Division...

Catching Up

My three-week trial ended late last week, with a successful jury verdict. But June was a very busy month in the world of New Jersey appellate practice, with numerous important...

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No Arbitrariness in Rejection of Public Construction Bid That Failed to Include a Properly Signed, Required Consent of Surety

In the Matter of Protest Filed by El Sol Contracting and Construction Corp., Contract T100.638, ___ N.J. ___ (2025). This public bidding case resulted in a 5-2 split at the Supreme Court, the first non-unanimous ruling of the current Term. Justice Hoffman wrote the majority opinion, while Justice Fasciale authored the dissent for himself and Justice Pierre-Louis....

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....