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

Presence of One Telecommuting Employee in New Jersey Subjects Out-of-State Company to New Jersey Corporation Business Tax

Telebright Corp., Inc. v. Director, New Jersey Div. of Taxation, 424 N.J. Super. 384 (App. Div. 2012). Plaintiff, a Delaware company with offices in Maryland, has an employee who telecommutes from New...

Even a Non-Citizen May Change Her Name

In re Application of Xiangjing Zhan, 424 N.J. Super. 231 (App. Div. 2012). A permanent resident alien sought to invoke New Jersey's name change statute, N.J.S.A. 2A:52-1 to -4, to change his...

Taxpayer May Not Disregard the Corporate Form by Taking Personal Deductions for Paying Corporate Obligations

Schulmann v. Director, New Jersey Div. of Taxation, 423 N.J. Super. 333 (App. Div. 2011). Daniel Schulmann used personal funds to pay certain commissions that two "S corporations" were contractually obligated to pay to...

The Same Attorney Appears to be on Both Sides of a Land Use Application? That's a No-No!

Kane Properties, LLC v. City of Hoboken, 423 N.J. Super. 49 (App. Div. 2011). Plaintiff had obtained use variances from Hoboken's Zoning Board of Adjustment. Those variances allowed plaintiff to build a high-rise...

Two New Pro-Consumer Decisions

RAB Performance Recoveries, LLC v. George, 419 N.J. Super. 81 (App. Div. 2011), and Cowger v. Cherry Hill Mitsubishi, Inc., 2011 WL 848133 (App. Div. March 14, 2011). The Appellate Division recently...

The First Triffin Case of 2011

Triffin v. Liccardi Ford, Inc., 417 N.J. Super. 453 (App. Div. 2011). Robert J. Triffin is in the business of "buying dishonored checks and attempting to collect on them," as Judge Reisner's...

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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....