NJ Appellate Law Blog

Making Up for Lost Time

Several days out of the office last week, and work on a large appellate brief, have left me well behind our appellate courts, who have produced a number of decisions...

An Anniversary in Supreme Court Certified Questions

In recent years, acceptance by the Supreme Court of questions certified to it by the Third Circuit Court of Appeals under Rule 2:12A has become somewhat more frequent, though still...

A Violation of a Regulation Can be "Knowing" Even if There is No Judicial Decision Saying So at the Time of the Conduct at Issue

Allstate Ins. Co. v. Northfield Medical Center, P.C., 228 N.J. 596 (2017). After a bench trial, defendants were found to have violated the Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to...

Mass Action Plaintiffs Must be Careful in Pleading, or Their Case Will be Removable to Federal Court Under CAFA

Ramirez v. Vintage Pharmaceuticals, LLC, 852 F.3d 324 (3d Cir. 2017). The so-called Class Action Fairness Act of 2005 ("CAFA") extended federal jurisdiction not only to class actions over which...

Sovereign Immunity Defeats Contribution Claims Against the State for Pre-Spill Act Discharges

NL Industries, Inc. v. State, 228 N.J. 280 (2017). In 1976, the Legislature passed the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 ("the Spill Act"). The...

Collateral Source Statute Does Not Apply to Awards Under the New Jersey Law Against Discrimination

Acevedo v. Flightsafety International, Inc., 449 N.J. Super. 185 (App. Div. 2017). In this opinion by Judge Reisner, the Appellate Division held that it was error for the Law Division...

Tenant Who Receives a Rent Subsidy Under New Jersey's "S-RAP" Program Can't be Evicted for Non-Payment of Additional Rent

175 Executive House, LLC v. Miles, 449 N.J. Super. 197 (App. Div. 2017). A tenant who receives a rent subsidy under the federal "Section 8" voucher program, 42 U.S.C. §1437 to...

The Requirement to Submit All Items From Below on Summary Judgment Appeals Applies Whether Summary Judgment Was Granted or Denied

Noren v. Heartland Payment Systems, Inc., 449 N.J. Super. 193 (App. Div. 2017). On February 6, 2017, the Appellate Division issued a published opinion in this case, which was discussed...

Equity Affirms an Inventive Solution to an Environmental Dilemma

Matejek v. Watson, 449 N.J. Super. 179 (App. Div. 2017). Sometimes, judicial opinions do not require the citation of many cases in order to reach their result. That can be...

The "Time of Application Rule" and the Definition of an "Application for Development" That Triggers That Rule

Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 448 N.J. Super. 583 (App. Div. 2017). The Municipal Land Use Law ("MLUL"), in N.J.S.A. 40:55D-10.5, contains a "time of application...

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Three Supreme Court Decisions to Catch Up On

This is the second post that catches up with appellate developments last week and this week. The Supreme Court issued rulings in three cases during that period. Two of those appeals involved unanimous opinions. The third engendered a relatively rare 5-2 split among the Justices. Here are summaries:...

Three More Criminal Appeals for the Supreme Court

Much of last week was consumed by a sojourn in Hershey, PA for the Third Circuit Judicial Conference, a very enjoyable and educational experience. As a result, it's time for some catching up. Today's is the first such post....

Statutory Ban on Retroactive Reduction of Court-Ordered Child Support is Inapplicable to Reductions Based on a Child's Emancipation

Bournes v. Harris, ___ N.J. Super. ___ (App. Div. 2026). This post-dissolution appeal from the Family Part involved several questions arising out of a Marital Settlement Agreement ("MSA") entered in a Texas court. In an opinion by Judge Firko, the Appellate Division affirmed a ruling by Judge Lougy, whom the panel identified by name, that New Jersey courts had jurisdiction to enforce and to modify the Texas MSA, and that Judge Lougy properly enforced arrears....

Common Law Bad Faith Claims and Claims Under the Insurance Fair Conduct Act Should, In Many Cases, be Deferred Until After Resolution of Underinsured Motorist Claims

Tenenbaum v. Allstate Ins. Co., ___ N.J. Super. ___ (App. Div. 2026). Judge Natali's opinion for the Appellate Division in this matter today involved two matters that were before the court on leave to appeal. The issue in both cases was whether and when "common law bad faith claims under Pickett v. Lloyd's, 131 N.J. 457, 467 (1993), and those brought under the recently adopted Insurance Fair Conduct Act (IFCA), N.J.S.A. 17:29BB-1 to -3," should be stayed until resolution of all disputes relating to underinsured motorist ("UIM") claims brought in the same action....