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

One From the Supreme Court and One From the Appellate Division

Rodriguez v. Shelbourne Spring, LLC, ___ N.J. ___ (2024). The first signed opinion of the current Term was by Justice Fasciale. The Court addressed issues relating to whether Hartford Underwriters...

Court-Appointed Attorney and Temporary Guardian in "Alleged Incapacitated Person" Case Under Rule 4:86 Have No Right to Fees Against Office of Adult Protective Services

In the Matter of A.D., an Alleged Incapacitated Person, ___ N.J. ___ (2024). This case was an appeal from a decision of the Appellate Division, discussed here, that the Office...

An Anniversary in Administrative Law

On December 4, 1973, the Supreme Court decided Mayflower Sec. Co. v. Bureau of Securities, 64 N.J. 85 (1973). The Bureau of Securities had suspended the registration of Mayflower, a...

Can a Municipality be Sanctioned Under the Frivolous Litigation Statute? The Supreme Court Will Decide

The Supreme Court announced that it has granted certification in Borough of Englewood Cliffs v. Trautner. The question presented, as phrased by the Supreme Court Clerk's office, is "Is a...

Charity Care, A Graves Act Issue, and a Warrantless Search of an Arrestee's Vehicle at a Police Station Come Before the Supreme Court

The Supreme Court announced that it has granted certification in three new appeals. The lone civil case in that group is Englewood Hospital & Medical Center v. State of New...

A Criminal Appeal Involving the "Duty to Retreat," and a Civil Case About the Statute of Limitations for Breach of an Installment Contract

The Supreme Court announced that it has granted certification in two new appeals. One is a criminal matter and the other a civil case. The criminal case is State v....

A New Required Certification for Appellate Briefs

The Supreme Court's September 4, 2024 Order providing for the posting online of most Appellate Division and Supreme Court briefs in argued cases, discussed here, has led to an interim...

Disbarred Attorneys May Now Apply for Reinstatement After Five Years

Yesterday, the Supreme Court announced a sea change in the law governing attorney disbarments. Ever since In re Wilson, 81 N.J. 451 (1979), disbarment has been permanent. There was no...

An Ex Post Facto/Parole Case for the Supreme Court

The Supreme Court announced that it has granted certification in Krug v. New Jersey State Parole Bd. The question presented, as phrased by the Supreme Court Clerk's office, is "Does...

It's Justice Hoffman Now

As expected, the Senate voted yesterday to confirm John Hoffman, Governor Murphy's nominee to fill the seat vacated by Justice Solomon due to his mandatory retirement, to become an Associate...

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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...