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

The Appellate Division in the Second Half of April- A Partial Recap

Until yesterday, when the Supreme Court issued this opinion, the Court did issue any decisions in the time following the last post on this blog on April 13. The Appellate...

Public Bidding Was Required to Select a Redeveloper for the Bergen County Courthouse

Dobco, Inc. v. Bergen County Improvement Authority, ___ N.J. ___ (2022). In its first opinion in several weeks, the Supreme Court today affirmed, in a per curiam opinion substantially for...

Is an Appellate Division Merits Panel Bound by One-Judge Appellate Division Rulings Limiting the Scope of the Appeal?

Devers v. Devers, ___ N.J. Super. ___ (App. Div. 2022). This was a matrimonial appeal. The issue centered around whether a particular financial account ("the Gauss account") was marital property....

A Court Rules-Based Attorneys' Fee Appeal for the Supreme Court

The Supreme Court announced today that it has granted certification in Hansen v. Rite Aid Corp. The issue presented, as phrased by the Supreme Court Clerk's office, is "When a...

Where Did Last Week Go?

Last week was a hectic week. So much so that two particularly significant Appellate Division opinions did not get covered here. Belatedly, here are summaries of those two opinions (shamelessly...

Denial of Summary Judgment on Qualified Immunity is Not Immediately Appealable

Harris v. City of Newark, ___ N.J. ___ (2022). [Disclosure: My firm, Lite DePalma Greenberg & Afanador, LLC, represents the City of Newark in certain cases, including cases in which...

Grapes Turn Sour for "Mode of Operation" Plaintiff

Jeter v. Sam's Club, ___ N.J. ___ (2022). Writing for a 4-2 majority, Justice Solomon began his opinion for the Court today as follows: "Under the ‘mode of operation' rule,...

With Judge Alvarez Retiring and Returning on Recall, Judge Haas Becomes Presiding Judge of the Appellate Division's Part D

Chief Justice Rabner issued two orders that affect Part D of the Appellate Division. One of those orders notes that Judge Alvarez is to retire on pension on March 27...

The Supreme Court Takes Up a Redevelopment Law Case and a Child Sexual Abuse Act Case

The Supreme Court announced that it has granted review in two new cases. One of them involved a grant of leave to appeal, while the other is before the Court...

The Balancing Test for the Common Law Right of Access to Public Records

Rivera v. Union County Prosecutor's Office, ___ N.J. ___ (2022). Employees of the Elizabeth Police Department complained to the Union County Prosecutor's Office that the Police Director, James Cosgrove, had...

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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...