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

Which Appellate Deadlines Are Jurisdictional?

Hamer v. Neighborhood Housing Services of Chicago, 138 S.Ct. 13 (2017). In Bowles v. Russell, 551 U.S. 205 (2007), the Supreme Court of the United States explained that an appeal...

The Judicial Conference Advisory Committee Seeks Comments on Proposed Changes to Federal Appellate Rules

The Judicial Conference Advisory Committee is seeking comments on proposed changes to the Federal Rules of Appellate Procedure (as well as proposed changes to other sets of federal rules). The...

A Relatively Rare Exercise of Original Jurisdiction by the Appellate Division

Royal Tax Lien Services, LLC v. Shuaib, 2017 WL 1955269 (App. Div. May 11, 2017). Rule 2:10-5 authorizes an appellate court to exercise "such original jurisdiction as is necessary to...

An Attorney Disqualification Mess

Estate of Francis P. Kennedy v. Rosenblatt, 447 N.J. Super. 444 (App. Div. 2016). Judge Nugent's decision for the Appellate Division in this case today encapsulated in its opening paragraph...

Procedural Updates to Appellate Division Opinions and Forms

Today, the Appellate Division published a notice to the bar that was dated August 17, 2016. That notice can be found here. The notice advises of several procedural refinements that...

A Tour Through the Federal Rules, and Dismissal of an Appeal as Untimely

State Nat'l Ins. Co. v. County of Camden, 824 F.3d 399 (3d Cir. 2016). The case underlying today's 2-1 decision involved claims of legal malpractice. The procedural history was a...

Proposed Changes to New Jersey Appellate Rules

The Supreme Court has published for comments the report of its Civil Practice Committee. The report is available here. The Committee has proposed revisions to three appellate rules. There are...

A Petition for Mandamus is Not an "Appeal"

In re Arunachalam, 812 F.3d 290 (3d Cir. 2016). A pro se plaintiff in related patent infringement cases in the District of Delaware sought to disqualify the District Judge. When...

Interlocutory vs. Final Administrative Agency Decisions

Silviera-Francisco v. Elizabeth Bd. of Educ., 224 N.J. 126 (2016). "Whether a trial court order is final or interlocutory has bedeviled courts and attorneys for decades." So said Judge Cuff...

Contingent Notices of Appeal and Other Appellate Jurisdiction Puzzles

Witasick v. Minnesota Mutual Life Ins. Co., 803 F.3d 184 (3d Cir. 2015). This was an insurance coverage case. It had a lengthy procedural history, one that implicated criminal as...

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Two OPRA Cases and a Municipal Land Use Law Case for the Supreme Court

The Supreme Court announced that it has granted review in three new matters. All three involve grants of certification, but one also is an appeal as of right due to a relatively rare dissent in the Appellate Division....

The Third Circuit Returns to New Jersey Appellate Law Blog

When this blog began, in October 2010, it covered goings-on in the Supreme Court of New Jersey, the Appellate Division, and the Third Circuit Court of Appeals, with occasional posts about the Supreme Court of the United States. That continued for many years. More recently, however, it became too difficult to keep up with all of those three courts, and coverage of the Third Circuit disappeared virtually entirely. But since the Supreme Court and the Appellate Division have not published many decisions recently (a circumstance that is certain to change shortly), this blog will resume covering the Third Circuit at least on occasion, beginning today....

Contracts for Lifetime Employment: An Anniversary

On this date in 1952, the Supreme Court issued its opinion in Savarese v. Pyrene Manufacturing Co., 9 N.J. 595 (1952). Justice Wachenfeld's decision for a 5-0 Court remains the leading authority on whether and when employment contracts for life are enforceable....

A New Batch: Five More Appeals for the Supreme Court

The Supreme Court announced that it has granted review in five more appeals. On of those matters is before the Court on leave to appeal. In the others, the Court granted certification....