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

City of Newark May Impose, and Need Not Negotiate Over, a COVID-19 Vaccine Mandate for City Employees

In re City of Newark and Newark Police Superior Officers Ass'n, ___ N.J. Super. ___ (App. Div. 2021). [Disclosure: My firm, Lite DePalma Greenberg & Afanador, LLC, represents the City...

This Week in the Supreme Court

The Supreme Court issued its first three opinions of the new Term this week. Here are summaries of those rulings: Bozzi v. City of Jersey City, ___ N.J. ___ (2021)....

The First Grants of Supreme Court Review of the New Term

The Supreme Court announced its first group of new cases for this Term. Of the three cases, each came to the Court by a different route. A-1-21, State v. Ramirez,...

A Reminder From the Appellate Division About Confidential Information

A Notice to the Bar, dated September 1, 2021, was published late yesterday. It is available here. Issued by Judge Messano, the Notice is titled "APPELLATE DIVISION REMINDER TO COUNSEL...

An Adverse Inference Arising From Spoliation Cannot Arise in Order to Allow a Party to Prove a Claim Against a Non-Party to the Case

27-35 Jackson Avenue, LLC v. Samsung Fire & Marine Ins. Co., Ltd., ___ N.J. Super. ___ (App. Div. 2021). This opinion, issued today and authored by Judge Messano, is the...

The Next Several Weeks

This year, the fall Jewish holidays (Rosh Hashanah, Yom Kippur, and Sukkot) all land on weekdays. As a result of that and certain other things, posts on this blog will...

For the First Week of the New Term, Appellate Division Panels Adopt Varying Practices for Oral Argument

The Appellate Division's calendar for the week of September 13, the first week of the new court Term, has been published and is available here. While it may be too...

Public Employees on Temporary Disability Must Still Contribute to State Health Benefit Costs Based on "Base Salary," Rather Than Based on Benefits Received

Grillo v. State of New Jersey, ___ N.J. Super. ___ (App. Div. 2021). In 2011, legislation ("Chapter 78") changed the way that State Health Benefits Plan ("SHBP") benefits were provided...

A Practice Tip: When a Judge is Rendering an Oral Opinion, Don't Interrupt and Call Him/Her "Corrupt"

Bascom Corporation v. Paterson Coalition for Housing, Inc., 2021 N.J. Super. Unpub. LEXIS 1846 (App. Div. Aug. 24, 2021). Periodically, our appellate courts offer lessons in "what not to do"...

Judge Jane Grall (1949-2021)

Judge Jane Grall died on August 20 at age 72. A graduate of Trinity College in Washington, DC, she taught social studies in Cranford for six years before attending Rutgers...

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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...