NJ Appellate Law Blog

Temporary Help Service Firms vs. Employment Agencies, and Registration vs. Licensure

AIT Global Inc. v. Yadav, 445 N.J. Super. 513 (App. Div. 2016). Plaintiff in this case was a temporary help service firm ("THSF") that provided short-term information technology consultants for...

An "Attagirl" for Judge Chrystal in a Long-Running Mount Laurel Case

Cranford Development Associates v. Cranford Tp., 445 N.J. Super. 220 (App. Div. 2016). This Mount Laurel litigation resulted in a builder's remedy for construction of a 360-unit residential development in...

Office of Attorney Ethics May Investigate Grievance That District Ethics Committee Had Declined to Docket

Robertelli v. New Jersey Office of Attorney Ethics, 224 N.J. 470 (2016). As today's decision by Chief Justice Rabner describes in exquisite detail, the Supreme Court has established two different...

Open Public Records Act Request That Requires Government to Create Records is Improper

Paff v. Galloway Tp., 444 N.J. Super. 495 (App. Div. 2016). John Paff is a frequent litigant under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. ("OPRA"). In this...

Tort Claims Act Notice Need Not be Served on Private Government Contractor

Gomes v. County of Monmouth, 444 N.J. Super. 479 (App. Div. 2016). The Tort Claims Act, N.J.S.A. 59:1-1 et seq. ("TCA"), requires that a plaintiff who intends to sue a...

Shareholder Quorum Requirement Cannot be Altered by Changing the Bylaws

Sterling Laurel Realty, LLC v. Laurel Gardens Co-Op, Inc., 444 N.J. Super. 470 (App. Div. 2016). A majority of the board of the defendant residential co-op development became frustrated that...

(Likely) Coming Soon to the Supreme Court: When Does the Involvement of DNA Evidence Toll the Criminal Statute of Limitations?

State v. Twiggs, 445 N.J. Super. 23 (App. Div. 2016). In this conspiracy to commit robbery case, the Law Division dismissed the indictment because the State began the prosecution beyond...

PERC Cannot Unilaterally Abandon the "Dynamic Status Quo Doctrine"

In re County of Atlantic, 445 N.J. Super. 1 (App. Div. 2016). The Public Employment Relations Commission ("PERC") is a state agency that is charged by the Legislature with implementing...

Attorney General May Not Enforce Subpoenas Related to False Claims Act Case in Which Attorney General Previously Declined to Intervene

In re Enforcement of New Jersey False Claims Act Subpoenas, 444 N.J. Super. 566 (App. Div. 2016). The New Jersey False Claims Act, N.J.S.A. 2A:32C-1 to -15, -17, and -18...

By What Means Can a Creditor Seize Certificated Securities Held by a Debtor?: A UCC Article 8 Decision

Wolverine Flagship Fund Trading Limited v. American Oriental Bioengineering, Inc., 444 N.J. Super. 530 (App. Div. 2016). This opinion, issued today by Judge St. John, involved the denial of injunctive...

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Are Insurance Brokers Exempt From Liability Under the "Learned Professionals" Exception to the Consumer Fraud Act? The Supreme Court Will Decide

The Supreme Court announced that it has granted leave to appeal in Lowe v. Audet. The question presented, as phrased by the Supreme Court Clerk's office, is "Are insurance brokers exempt from liability under the ‘learned professionals' exception to the Consumer Fraud Act?" The Law Division granted a defense motion to dismiss. A two-judge Appellate Division panel affirmed in an unpublished per curiam opinion....

"A Child in Common"- Jurisdiction for Protective Orders Under the Victim's Assistance and Survivor Protection Act or the Prevention of Domestic Violence Act

C.J.S. v. A.S., 2025 N.J. Super LEXIS _______ (App. Div. Nov. 18, 2025). [Disclosure: I represented the successful plaintiff in this appeal.] The Victim's Assistance and Survivor Protection Act, N.J.S.A. 2C:14-13 to -21 ("VASPA"), was enacted to protect against, among other things, cyber-harassment. Only someone "who is not eligible for a restraining order as a ‘victim of domestic violence' as defined by . . . [the Protection of Domestic Violence Act , N.J.S.A. 2C:25:17-35 ("PDVA"]" may invoke VASPA protection....

Appellate Division Oral Argument of the (Upcoming) Week: A $55 Million Tort Verdict

On Tuesday, November 18, judges on Part D will hear oral argument in Rider v. Jersey City Transfer, Inc. The case arose out of an auto accident in Maryland, in which plaintiff, after striking one vehicle with her own car and getting out of the car, was hit by a tractor-trailer owned by defendant. Plaintiff suffered grisly injuries, sued, and obtained a judgment of over $59 million once the $55 million jury verdict was molded. Defendants appealed....

Liability of a General Contractor for Injuries to a Subcontractor's Employee: The Supreme Court Will Decide the Applicable Standard

The Supreme Court announced that it has granted certification in Campoverde v. NY-NJ Link Developer, LLC. The question presented, as phrased by the Supreme Court Clerk's office, is "What is the applicable standard under New Jersey law for determining whether a general contractor owes a duty to a subcontractor's employees for the purpose of determining liability for the injuries sustained by a subcontractor's employee?"...