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

The Supreme Court Discusses, for the First Time, Two Exceptions to the Open Public Records Act

Kovalcik v. Somerset County Prosecutor's Office, 206 N.J. 581 (2011). The Open Public Records Act, N.J.S.A. 47:1A-1 to -13 ("OPRA"), makes "government records," as broadly defined in OPRA, generally accessible. However, the right of access...

Abbott v. Burke XXI (or is it XXII?)- Lots of Appellate Practice Issues

Abbott v. Burke, 206 N.J. 332 (2011). The merits of this latest decision on the funding necessary to satisfy the mandate of article VIII, section 4, paragraph 1 of the New...

A Solomonic Decision Under Rule 4:5-1(b)(2)

Kent Motor Cars, Inc. v. Reynolds & Reynolds Co., 207 N.J. 428 (2011). Rule 4:5-1(b)(2) requires the first pleading of each party to disclose the names of any non-party who...

All Five Women Supreme Court Justices Speak

Imagine that someone assembled Bill Russell, Magic Johnson, Larry Bird, Michael Jordan, and Kobe Bryant to discuss how to win NBA championships. The parallel to such a gathering, for those interested...

Justices Behaving Badly

Henry v. New Jersey Dep't of Human Services, 204 N.J. 320 (2010), and Johnson v. Johnson, 204 N.J. 529 (2010). These two decisions will not be remembered for the facts or holdings of the...

New Jersey Again Follows California Tort Decisions

Dean v. Barrett Homes, Inc., 204 N.J. 286 (2010). In a 5-2 decision, the Supreme Court concluded that an exterior finish on a home was not integrated into the home...

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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 Three are from unpublished opinions of the Appellate Division, while the fourth is from a published decision in a criminal case....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...