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

Summary Judgment for Breach of Settlement Agreement Reversed Due to Issues of Fact

Globe Motor Co. v. Igdalev, 225 N.J. 469 (2016). One of the fundamental principles of summary judgment jurisprudence is that a court cannot grant summary judgment when there are genuine...

An Ice Skater is (Wrongly?) Tripped Up by the Exhaustion Doctrine

Davidovich v. Israel Ice Skating Federation, 446 N.J. Super. 127 (App. Div. 2016). The subculture that is international competitive sport came to the Appellate Division in this case yesterday. Judge...

No Need for a Law Firm LLP to Have "Tail" Insurance, Says the Supreme Court

Mortgage Grader, Inc. v. Ward & Olivo, LLP, 225 N.J. 423 (2016). Justice Fernandez-Vina issued an opinion in this legal malpractice appeal today, his first opinion in quite some time,...

Failure to Recreate the District Court Record as Ordered Leads to a Loss on Appeal

Roberts v. Ferman, 826 F.3d 117 (3d Cir. 2016). Federal Rule of Appellate Procedure 10(c) deals with the circumstance in which a transcript of a District Court hearing or trial...

Law Against Discrimination Statute of Limitations Cannot be Shortened by Contract

Rodriguez v. Raymours Furniture Co., Inc., 225 N.J. 343 (2016). Plaintiff became employed by defendant, who is better known to the public as Raymour & Flanigan. The employment application that...

Public Employees Lose Again, as Supreme Court Upholds Suspension of Pension Cost of Living Adjustments

Berg v. Christie, 225 N.J. 245 (2016). Today's decision in this closely-watched case shows once again the importance of the standard of review applied. In a 6-1 decision by Justice...

Supreme Court Will Review Tort Claims Act and Open Public Records Act Cases

The Supreme Court announced that it has granted leave to appeal in two cases. The first, Verry v. Franklin Fire Dist. No. 1, involves the Open Public Records Act, N.J.S.A....

Temporary Help Service Firms vs. Employment Agencies, and Registration vs. Licensure

AIT Global Inc. v. Yadav, 445 N.J. Super. 513 (App. Div. 2016). Plaintiff in this case was a temporary help service firm ("THSF") that provided short-term information technology consultants for...

A "Chicken-and-Egg Problem" of Subject Matter Jurisdiction in an Estate Case

In re Estate of Byung-Tae Oh, 445 N.J. Super. 402 (App. Div. 2016). In 2001, the decedent in this estate matter, Byung-Tae Oh, at all times a citizen of South...

The Facts Require Reversal of a Summary Judgment of Qualified Immunity

Winberry Realty Partnership v. Borough of Rutherford, 2016 N.J. Super. Unpub. LEXIS 1019 (App. Div. May 4, 2016). [Disclosure: I represented the successful plaintiffs-appellants on this appeal]. Qualified immunity is...

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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...