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

A Rare Opinion Granting a Motion for Summary Disposition

Spinelli v. Echeverry Industries, LLC, 2012 WL 370666 (App. Div. Feb. 7, 2012). Rule 2:8-3 authorizes parties on appeal to move for summary disposition of that appeal at any time....

Judges May Not Enter Final Judgment and Defer Their Opinions and Reasons Until Later

Ducey v. Ducey, 424 N.J. Super. 80 (App. Div. 2012). After a fourteen-day trial, a Family Part judge entered a judgment of divorce and stated that "the underlying opinion will be sent shortly."...

New Jersey Sports & Exposition Authority Must Reveal Financial Terms of Contracts for Perfomances at IZOD Center

Newark Morning Ledger Co. v. New Jersey Sports & Exposition Authority, 423 N.J. Super. 140 (App. Div. 2011). The Newark Star-Ledger filed a request under the Open Public Records Act, N.J.S.A. 47:1A-1...

City/State Location of Calls to/from Public Employees' Government-Provided Cellphones are Not Private

Livecchia v. Borough of Mount Arlington, 421 N.J. Super. 24 (App. Div. 2011). North Jersey Newspapers Co. v. Passaic Cty. Bd. of Freeholders, 127 N.J. 9 (1992), held that "the people...

In an Unusual Chain Reaction Vehicle Accident Case, The Appellate Division Says "No" to Disqualification of Counsel

McDaniel v. Lee, 419 N.J. Super. 482 (App. Div. 2011). The merits issue on this appeal was "whether N.J.S.A. 34:15-8, the fellow-servant provision of the Workers' Compensation Act, …, N.J.S.A. 34:15-1 to...

Closed Case Can't be Reopened Sua Sponte

New Jersey Div. of Youth & Family Services v. J.D., 417 N.J. Super. 1 (App. Div. 2010). In this child custody matter, the trial court reopened its decision in the...

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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...