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

Weakness of State Action Argument in Civil Rights Act Nude Entertainment Case is Laid Bare and Exposed

PRBA Corp. v. HMS Host Toll Roads, Inc., 808 F.3d 221 (3d Cir. 2015). Plaintiff, which does business as Bare Exposure, operates a "gentleman's club" in Atlantic City. The club...

Humpty Dumpty and Joyce Kilmer, Together, Thanks to Judge Fisher

Freedman v. Sufrin, 443 N.J. Super. 128 (App. Div. 2015). This opinion by Judge Fisher today involved the proper interpretation of a restrictive covenant that purported to restrict the removal...

A Labor Union's Discipline of One of Its Members

Sheet Metal Workers Local Union 22 v. Kavanagh, 443 N.J. Super. 39 (App. Div. 2015). This opinion by Judge Currier today addressed an appeal by defendant, a former member of...

How to Terminate a Contract for Sale of Residential Real Estate

Conley v. Guerrero, 443 N.J. Super. 62 (App. Div. 2015). As a result of a settlement in New Jersey State Bar Ass'n v. New Jersey Ass'n of Realtor Bds., 93...

Qualified Immunity for Funeral Directors

Gately v. Hamilton Memorial Home, Inc., 442 N.J. Super. 542 (App. Div. 2015). Apart from funeral directors, their attorneys, and a small number of judges, it's likely that few people...

An Easy Statutory Interpretation Ruling, With Bonus Analysis of Declaratory Judgment and Joinder Issues

Williams v. Borough of Clayton, 442 N.J. Super. 583 (App. Div. 2015). N.J.S.A. 40A:14-129 and -130 mandate that an officer seeking promotions to "superior position[s]"in police departments in smaller municipalities...

Not a Lease, Not a License, but a Profit a Prendre

Van Horn v. Harmony Sand & Gravel, 442 N.J. Super. 333 (App. Div. 2015). When is a document titled "Lease Agreement" not a lease? When it is in fact, regardless...

PERC Has Jurisdiction to Protect Employees' Right to "Assist" Their Unions

In re Probation Ass'n of New Jersey, 442 N.J. Super. 185 (App. Div. 2015). N.J.S.A. 34:13A-5.4(b)(1) prohibits interference with a right guaranteed by the Employer-Employee Relations Act, and the Act...

Pennsylvania Rule Waiving Bar Exam Requirement for Admission Only for Attorneys Licensed in Jurisdictions That Offer Reciprocity to Pennsylvania Attorneys is Constitutional

National Ass'n for the Advancement of Multijurisdiction Practice (NAAMP) v. Castille, 799 F.3d 216 (3d Cir. 2015). For many years, New Jersey has not offered "reciprocity" to allow attorneys licensed...

Homeowners Association Can be Liable for Injuries on Sidewalks Owned and Controlled by Such Associations

Qian v. Toll Brothers, Inc., 223 N.J. 124 (2015). In Luchejko v. City of Hoboken, 207 N.J. 191 (2011), discussed here, the Supreme Court ruled that a condominium association was...

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 30 313233 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49…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...