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

A Trio of Published Opinions From the Appellate Division Today

Last week, the Appellate Division issued four published opinions on a single day, as discussed here. Today, the court released three published decisions. Here are summaries of those opinions: New...

The Appellate Division Redresses a "Train Wreck"

Zahl v. Eastland, 2019 WL 2025237 (App. Div. May 8, 2019). [Disclosure: I argued this appeal for the successful defendants-appellants, having come into the case after the Law Division entered...

Converting a Non-Precedential Appellate Opinion Into a Precedential One

In both the Appellate Division and the Third Circuit Court of Appeals, most opinions issued are not precedential. Sometimes, however, parties wish to have a not precedential opinion changed to...

Appellate Practice Insights From Judge Vernoia

The guest speaker at last night's meeting of the NJSBA Appellate Practice Committee was Judge Vernoia. He offered some of his thoughts and insights about appellate practice and answered questions...

Judicial Estoppel Applies in Spill Act Cases

Terranova v. General Electric Pension Trust, 457 N.J. Super. 404 (App. Div. 2019). Judge Moynihan's opinion in this New Jersey Spill Compensation and Control Act case today addresses whether the...

The Supreme Court Solicits Amicus Briefs on Additur and Remittitur

The Supreme Court announced the unusual step of soliciting amicus curiae briefs from anyone who might wish to file one in the case of Orientale v. Jennings, an auto accident...

Court Rule Amendments Effective on September 1, 2018

The Supreme Court announced late yesterday that it has adopted a number of amendments to the New Jersey Court Rules, effective as of September 1, 2018. The full list of...

State Agency's "Contumacious" Discovery Failures Over Many Years Called for Dismissal of Agency's License Suspension Proceeding

New Jersey Department of Children & Families v. E.L., 454 N.J. Super. 10 (App. Div. 2018). Courts often give public entity parties more leeway in complying with rules, court orders,...

Failure to Submit Affidavit of Merit Timely Does Not Always Call for Dismissal With Prejudice

A.T v. M. Cohen, M.D., 231 N.J. 237 (2017). "This was an appeal as of right in a medical malpractice case in which plaintiff was a minor. Due to counsel's...

Judge Fuentes Warns: When Seeking Dismissal With Prejudice as a Discovery Sanction, "Follow the Procedural Safeguards" of Rule 4:23-5

Thabo v. Z Transportation, 452 N.J. Super. 359 (App. Div. 2017). Under Rule 4:23-5, failure to make discovery can, in certain circumstances, result in dismissal of a complaint with prejudice....

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No Arbitrariness in Rejection of Public Construction Bid That Failed to Include a Properly Signed, Required Consent of Surety

In the Matter of Protest Filed by El Sol Contracting and Construction Corp., Contract T100.638, ___ N.J. ___ (2025). This public bidding case resulted in a 5-2 split at the Supreme Court, the first non-unanimous ruling of the current Term. Justice Hoffman wrote the majority opinion, while Justice Fasciale authored the dissent for himself and Justice Pierre-Louis....

Appellate Division Published Opinions During and After Its Recess

The final day of the Appellate Division's two-week recess was April 25. On that date, the Appellate Division issued a published opinion. Two more published opinions followed during the current week. Here are summaries of those opinions....

"Ethics in Appellate Practice" Seminar at the NJSBA Annual Meeting on May 15

I will be moderating a panel titled "Ethics in Appellate Practice" that will help kick off Day 2 of the New Jersey State Bar Association Annual Meeting on May 15. The presentation will be from 8:45-10 AM. It will feature Judge Gummer of the Appellate Division and distinguished appellate practitioners with experience in and perspectives on ethics in the appellate context from both the plaintiffs' and the defendants' sides....

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....