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

OPRA Records Custodian Cannot Bring Declaratory Judgment Case to Preempt OPRA Suit by Requestor

In re New Jersey Firemen's Ass'n Obligation to Provide Relief Applications Under the Open Public Records Act, 443 N.J. Super. 238 (App. Div. 2015). The OPRA (Open Public Records Act)...

How to Terminate a Contract for Sale of Residential Real Estate

Conley v. Guerrero, 443 N.J. Super. 62 (App. Div. 2015). As a result of a settlement in New Jersey State Bar Ass'n v. New Jersey Ass'n of Realtor Bds., 93...

The Effect of a Master Plan Reexamination Report

Myers v. Ocean City Bd. of Adj., 439 N.J. Super. 96 (App. Div. 2015). This opinion by Judge Ostrer, issued last Friday, addresses N.J.S.A. 40:55D-62(a), a provision of the Municipal...

"Phantom Impeachment" of Witnesses

Manata v. Pereira, 436 N.J. Super. 330 (App. Div. 2014). In this automobile-pedestrian collision case, "plaintiff's counsel engaged in improper cross-examination when he confronted defendant with a police report that...

Two Signed Not-for-Publication Opinions Issued Today

As noted here, it is highly unusual for Appellate Division not-for-publication opinions to be signed, as opposed to being issued per curiam. Today, however, two of the four opinions issued...

No Jury Trial Right Under the Insurance Fraud Prevention Act

Allstate New Jersey Ins. Co. v. Lajara, 433 N.J. Super. 20 (App. Div. 2013). Plaintiff insurers sued a number of defendants under the Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to...

New Jersey State Firemen's Association is a "Public Agency" for Open Public Records Act Purposes

Paff v. New Jersey State Firemen's Ass'n, 431 N.J. Super. 278 (App. Div. 2013). John Paff is a frequent litigant under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. ("OPRA"). He...

Administrative Regulation Was Not Authorized by Statute, and Thus Could Not Bar Tuition Aid Grant to U.S. Citizen Whose Parents Are Not Legal New Jersey Residents

A.Z. v. Higher Education Student Assistance Authority, 427 N.J. Super. 389 (App. Div. 2012). As this opinion by Judge Ostrer describes, though administrative agency regulations are entitled to a presumption...

Repossession Company is Not "User by Permission" of Repossessed Automobile

Repossession Specialists v. Geico Ins. Co., 423 N.J. Super. 518 (App. Div. 2012). Annetta Jackson defaulted on her car loan, and Repossession Specialists ("Repossession") was sent to repossess the vehicle. After the...

Judges Hayden, Ostrer and St. John are Elevated to the Appellate Division

Chief Justice Rabner announced today that, effective August 1, 2011, Judges Hayden, Ostrer and St. John were all being elevated to the Appellate Division. All three of those judges were previously...

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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....