NJ Appellate Law Blog

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...

The Casino Reinvestment Development Authority Cannot Condemn Land for Potential Use in the Indefinite Future

Casino Reinvestment Development Authority v. Birnbaum, 458 N.J. Super. 173 (App. Div. 2019). On January 7, 2019, the Appellate Division decided Borough of Glassboro v. Grossman, 457 N.J. Super. 416...

Fee for Filing Documents Electronically in a County Register's Office Was Not Authorized by Statute or Otherwise

New Jersey Land Title Association v. Rone, 458 N.J. Super. 120 (App. Div. 2019). May a County Register or Clerk charge a surcharge or convenience fee when a document is...

A New Test for Defining "Merchandise" Under the Consumer Fraud Act

All the Way Towing, LLC v. Bucks County International, Inc., 236 N.J. 431 (2019). Plaintiffs (an individual and his company, treated as one plaintiff here) purchased a customized tow truck...

Legislative Silence About Statute of Limitations When Amending Statute Did Not Effect Reduction of Prior Limitations Period

The Plastic Surgery Center, PA v. Malouf Chevrolet-Cadillac, Inc., 457 N.J. Super. 565 (App. Div. 2019). This opinion today by Judge Fisher was so legal issue-intensive that he found that...

"Extraordinary Circumstances" Called for Permission to File Late Notice of Tort Claim

O'Donnell v. New Jersey Turnpike Authority, 236 N.J. 335 (2019). Under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. ("TCA"), a person who wishes to file a tort...

The Supreme Court Answers Certified Questions About the Ticket Resale Law

Finkleman v. National Football League, 236 N.J. 280 (2019). This opinion by Justice Patterson today answers certified questions posed by the Third Circuit Court of Appeals arising out of a...

Drug Court and Expungements

In re Expungement of Arrest-Charge Records of T.B., 236 N.J. 262 (2019). Today, the Supreme Court issued its first opinion of 2019, a unanimous ruling by Chief Justice Rabner. The...

When Can a Municipality or Local Redevelopment Agency Condemn Property as "Necessary for [a] Redevelopment Project"?

Borough of Glassboro v. Grossman, 457 N.J. Super. 416 (App. Div. 2019). The Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -49 ("LRHL") allows municipalities or redevelopment agencies to acquire...

The 1,500th Post- Making up a December Deficit

A major Appellate Division argument, appellate briefing, and other work has interfered with keeping up with the courts during December. So it's time for one of this blog's periodic "catch-up"...

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Back Soon

Due to certain circumstances and obligations, there have been no posts on this blog for a number of weeks. But have no fear. Posts will resume soon....

The 2026 Omnibus Rule Amendments

Today, the Supreme Court published an Omnibus Rule Amendment order. It is available here. The amendments take effect on September 1, 2026....

Much to Catch Up On- Part 3

In addition to issuing a slew of opinions in the recent period (to be the subject of another catch-up post), the Supreme Court granted review in five appeals. All involved grants of certification....

Much to Catch Up On- Part 1

Professional and personal obligations sometimes get in the way of keeping up with our courts. July has been full of appellate law developments that deserve attention. This is the first of several posts that will do that....