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

Disqualification of Counsel Reversed on Leave to Appeal, Due to Trial Court's Failure to Apply the Trupos Test

Dental Health Assocs. South Jersey, P.A. v. RRI Gibbsboro, LLC, ___ N.J. Super. ___ (App. Div. 2022). Trial court decisions disqualifying counsel are often cited as the type of ruling...

Statutory Requirement That Parties to a Written Palimony Agreement Get Advice of Counsel is Unconstitutional

Moynihan v. Lynch, ___ N.J. ___ (2022). Plaintiff and defendant had what Justice Albin, in his opinion for a unanimous Supreme Court, called "a long-term ‘marital-style' relationship." Anticipating that they...

Two Opinions by Judge Whipple

Grandvue Manor, LLC v. Cornerstone Contracting Corp., ___ N.J. Super. ___ (App. Div. 2022); Sullivan v. Board of Review, ___ N.J. Super. ___ (App. Div. 2022). Both of these opinions,...

A Public Employee's Date of Separation From Employment and the Reasons Therefor Are Not Exempt From Disclosure Under OPRA

Libertarians for Transparent Government v. Cumberland County, ___ N.J. ___ (2022). This is an Open Public Records Act ("OPRA") case. A woman who had been incarcerated at the Cumberland County...

Thirteen Years After a Plea Agreement is Too Late to Challenge it on Motion for Post-Conviction Relief

State v. Marolda, ___ N.J. Super. ___ (App. Div. 2022). On August 17, 2006, defendant entered into a plea agreement that resolved two cases against him: a criminal matter in...

Fifteen Years Since Liberty Surplus Ins. Corp. v. Nowell Amoroso, P.A.

It's been awhile since this blog featured an anniversary post. Today is a good day to do so. On this date in 2007, the Supreme Court decided Liberty Surplus Ins...

Appointing Wife's Children as Her Guardian in Divorce Proceeding Did Not Render Subsequent Settlement Unconscionable

D.M.C. v. K.H.G., ___ N.J. Super. ___ (App. Div. 2022). This Family Part appeal involved the dissolution of a marriage that had lasted 31 years. As Judge Mawla described in...

Immunity Under the Landowner's Liability Act

Russi v. City of Newark, ___ N.J. Super. ___ (App. Div. 2022). [Disclosure: My firm, Lite DePalma Greenberg & Afanador, LLC, represents the City of Newark in certain matters, but...

Two Accelerated Appeals, and Four More, for the Supreme Court

The Supreme Court announced that it has granted review in six cases. Three of those involve grants of leave to appeal and three are grants of certification. The Court accelerated...

Justice Fernandez-Vina Reaches Age 70 and Retires From the Supreme Court

Yesterday, Justice Fernandez-Vina turned seventy years old. That is the mandatory retirement age for judges, which Justice O'Hern, for whom I clerked, referred to as "the age of constitutional senility."...

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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...