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

Public Utilities Are Not Exempt From Municipal Regulation

New Jersey Natural Gas Co. v. Borough of Red Bank, 438 N.J. Super. 164 (App. Div. 2014). New Jersey Natural Gas ("NJNG") proposed to remove underground gas regulators located in...

What if They Passed a Statute and Neither Side Complied With It?

Manhattan Trailer Park Homeowners Ass'n, Inc. v. Manhattan Trailer Court & Trailer Sales, Inc., 438 N.J. Super. 185 (App. Div. 2014). The Mobile Home Protection Act, N.J.S.A. 46:8C-2 to -21,...

Jim Thorpe's Remains, or, When Congressional Intent Trumps Plain Statutory Language

Thorpe v. Borough of Jim Thorpe, 770 F.3d 255 (3d Cir. 2014). Jim Thorpe was one of the greatest athletes of the twentieth century. He won Olympic medals in 1912...

The Third Circuit Rejects Arbitration by Estoppel

Flintkote Company v. Aviva PLC, 769 F.3d 215 (3d Cir. 2014). Efforts to force arbitration on parties who did not agree to it continue. In this case, however, the Third...

Employer's Anti-Harassment Policies and Prompt Action to Implement Them Save the Day in an LAD Case

Dunkley v. S. Coraluzzo Petroleum Transporters, 437 N.J. Super. 366 (App. Div. 2014). Plaintiff, an African-American oil delivery driver, experienced some uncomfortable interaction with his on-road trainer, Harrington. Harrington made remarks...

Potential Future Tax Assessments Are Not a Cloud on Title to Real Estate

Princeton South Investors, LLC v. First American Title Ins. Co., 437 N.J. Super. 283 (App. Div. 2014). This opinion by Judge Reisner addressed two issues: "in the context of a...

Quest Defeats Class Certification at the Third Circuit

Grandalski v. Quest Diagnostics, Inc., 767 F.3d 175 (3d Cir. 2014). Plaintiffs filed a putative class action in which they alleged that defendant, a company that performs medical lab tests,...

Proofs and Defenses in Collection Cases

New Century Financial Services, Inc. v. Oughla, 437 N.J. Super. 299 (App. Div. 2014). This case encompassed two consolidated collection cases. Opposing counsel in these matters regularly face off against...

Placing Debtor's Account Number on Envelope of Collection Letter is Not Permitted by the FDCPA

Douglass v. Convergent Outsourcing, 765 F.3d 299 (3d Cir. 2014). The Fair Debt Collection Practices Act, 15 U.S.C. §1692f(8) ("FDCPA"), forbids debt collectors from putting on the envelopes of debt...

No Basis for Million-Dollar Jury Verdict for "Incivility in the Workplace"

Vosough v. Kierce, 437 N.J. Super. 218 (App. Div. 2014). Plaintiffs, all "highly-regarded OB/GYN specialists," had independent contractor agreements ("ICA's") with St. Joseph's Regional Medical Center in Paterson. Under those...

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 31 32 33 34 353637 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...