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

Another Temporary Assignment to the Appellate Division for Three Judges

Chief Justice Rabner announced that Judges Berdote Byrne, Bishop-Thompson, and Marczyk have each been temporarily assigned to the Appellate Division, effective August 1, 2022. There is no end date for...

The Appellate Division Decides the First COVID-19 Business Interruption Cases in Favor of Insurers

Mac Property Group, LLC v. Selective Fire & Cas. Ins. Co. , 473 N.J. Super. 1 (App. Div. 2022). [Disclosure: I am counsel for insureds in another appeal regarding the...

Two Compassionate Releases Get Put on the Fast Track at the Supreme Court

The Supreme Court announced that it has granted certification in two new cases, State v. A.M. and State v. Oliver. The question presented, as phrased by the Supreme Court Clerk's...

Notice of Tort Claim Against a County Can Validly be Served on the County Clerk

Bryant v. County of Cumberland, 472 N.J. Super. 626 (App. Div. 2022). In what may be the shortest published opinion of the current Term, Judge Fisher today addressed this "matter...

Three Published Appellate Division Decisions

The last several days have seen some interesting published opinions by the Appellate Division. Here are summaries of three of them: Petro v. Platkin, 472 N.J. Super. 536 (App. Div....

Common Law Rescue Doctrine Does Not Extend to Rescue of Property, as Opposed to People

Samolyk v. Berthe, 251 N.J. 732 (2022). As discussed here, this case involved a set of facts in which one of the plaintiffs jumped into a lagoon to rescue their...

Marie Hanley is Promoted to Deputy Clerk of the Appellate Division

Chief Justice Rabner announced that Marie Hanley has been appointed as Deputy Clerk of the Appellate Division. For the past nearly seven years, Marie has served as Chief Counsel for...

Four New Grants of Certification by the Supreme Court

The Supreme Court announced that it has granted certification in four new cases. Three of those matters are criminal appeals, one of which involves a published Appellate Division opinion. The...

Non-Disparagement Agreements Do Not Violate the New Jersey Law Against Discrimination

Savage v. Township of Neptune, 472 N.J. Super. 291 (App. Div. 2022). Judge Haas issued this opinion of the Appellate Division. Plaintiff, a former sergeant with the Neptune Township police,...

The Supreme Court Affirms in the Mack-Cali Jersey City "Residency Exemption" Case

Mack-Cali Realty Corp. v. State of New Jersey, 250 N.J. 550 (2022). As summarized here, the Appellate Division's published opinion, written by Judge Messano, affirmed the Law Division's dismissal of...

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 303132 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176…Last

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...