NJ Appellate Law Blog

Where Sample Primary Election Ballots Are Required to be Printed in English and Spanish, Official Primary Ballots Must Also Be

Correa v. Grossi, 458 N.J. Super. 571 (App. Div. 2019). Multiple pieces of related legislation can be inconsistent, and courts are called on to harmonize them using classic principles of...

The Appellate Division Must Adhere to Supreme Court Precedents, Despite Contrary Appellate Division Authority

Liberty Mutual Insurance v. Rodriguez, 458 N.J. Super. 515 (App. Div. 2019). This short opinion by Judge Firko today involved how to calculate reimbursement to an insurer for its workers'...

Law Against Discrimination is Not Limited by the Compassionate Use Medical Marijuana Act

Wild v. Carriage Funeral Holdings, Inc., 458 N.J. Super. 416 (App. Div. 2019). Plaintiff in this case under the Law Against Discrimination, N.J.S.A. 10:5-1 to -49 ("LAD"), used medical marijuana,...

Zoning Board of Adjustment Conflicts of Interest

Piscitelli v. City of Garfield Bd. of Adj., 237 N.J. 333 (2019). Conflict of interest issues are often sticky. That was doubly so in this case, which the Supreme Court...

Thirteen Years Since Perez v. Rent-A-Center

On March 15, 2006, the Supreme Court decided Perez v. Rent-A-Center, 186 N.J. 188 (2006). By a 6-1 vote, with Justice Rivera-Soto issuing a partial dissent, the Court held in...

Judge Porter Issues His First Precedential Opinion

Madar v. Unites States Citizenship and Immigration Services, 918 F.3d 120 (3d Cir. 2019). Having been confirmed by the Senate as the newest member of the Third Circuit in October...

The Local Government Ethics Law and Super Storm Sandy

Mondsini v. Local Finance Board, 458 N.J. Super. 290 (App. Div. 2019). This opinion by Judge Messano deals with an issue under the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 to...

The Meaning of "Is Violating" or "Is About to Violate the Law" Does Not Cover Past Violations

Federal Trade Commission v. Shire Viropharma, Inc., 917 F.3d 147 (3d Cir. 2019). A former President of the United States famously uttered the statement that, in interpreting his testimony under...

Volunteer Firefighter Injured in the Line of Duty Need Not Have Other Employment in Order to Receive Disability Payments

Kocanowski v. Bridgewater Tp., 237 N.J. 3 (2019). As discussed here, the Appellate Division in this case held that in order for a volunteer firefighter to receive temporary disability payments...

After a Lull, The Supreme Court Grants Review in Six Cases

It had been nearly one month, since January 18, 2019, since the Supreme Court last added cases to its docket. However, the Court has now announced grants of certification in...

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Three Supreme Court Decisions to Catch Up On

This is the second post that catches up with appellate developments last week and this week. The Supreme Court issued rulings in three cases during that period. Two of those appeals involved unanimous opinions. The third engendered a relatively rare 5-2 split among the Justices. Here are summaries:...

Three More Criminal Appeals for the Supreme Court

Much of last week was consumed by a sojourn in Hershey, PA for the Third Circuit Judicial Conference, a very enjoyable and educational experience. As a result, it's time for some catching up. Today's is the first such post....

Statutory Ban on Retroactive Reduction of Court-Ordered Child Support is Inapplicable to Reductions Based on a Child's Emancipation

Bournes v. Harris, ___ N.J. Super. ___ (App. Div. 2026). This post-dissolution appeal from the Family Part involved several questions arising out of a Marital Settlement Agreement ("MSA") entered in a Texas court. In an opinion by Judge Firko, the Appellate Division affirmed a ruling by Judge Lougy, whom the panel identified by name, that New Jersey courts had jurisdiction to enforce and to modify the Texas MSA, and that Judge Lougy properly enforced arrears....

Common Law Bad Faith Claims and Claims Under the Insurance Fair Conduct Act Should, In Many Cases, be Deferred Until After Resolution of Underinsured Motorist Claims

Tenenbaum v. Allstate Ins. Co., ___ N.J. Super. ___ (App. Div. 2026). Judge Natali's opinion for the Appellate Division in this matter today involved two matters that were before the court on leave to appeal. The issue in both cases was whether and when "common law bad faith claims under Pickett v. Lloyd's, 131 N.J. 457, 467 (1993), and those brought under the recently adopted Insurance Fair Conduct Act (IFCA), N.J.S.A. 17:29BB-1 to -3," should be stayed until resolution of all disputes relating to underinsured motorist ("UIM") claims brought in the same action....