NJ Appellate Law Blog

Though New Jersey Plaintiff, Not Utah Defendant, Originated Their Business Relationship, New Jersey Still Has Personal Jurisdiction Over Defendant

Allure Pet Products, LLC v. Donnelly Marketing & Development LLC, 477 N.J. Super. 541 (App. Div. 2024). Today's opinion by Judge Sabatino in this case dealt with the question of...

Affidavit of Merit "Alleging Collective Negligence by Multiple Unidentifiable Nurses Was Inadequate"

Hargett v. Hamilton Park Opco, LLC, 477 N.J. Super. 390 (App. Div. 2023). Judge Vinci wrote the opinion in this case under the Affidavit of Merit statute, N.J.S.A. 2A:53A-26 et...

The First Half of August- Supreme Court Decisions in Civil Cases

Following up on yesterday's post regarding criminal appeals decided by the Supreme Court in the first half of August, this post summarizes the Court's decisions in civil cases during that...

Plaintiffs Can Seek to Be Accompanied to a Defense Medical Examination by a Third Person or to Record the Examination, and (Contrary to the Appellate Division) Plaintiffs Do Not Bear the Burden of Pro

DiFiore v. Pezic, 254 N.J. 212 (2023). [Disclosure: Catherine B. Derenze, my colleague at Lite DePalma Greenberg & Afanador, LLC, argued before the Supreme Court in this case on behalf...

A "Reciprocal Discovery" Case for the Supreme Court

The Supreme Court announced that it has granted leave to appeal in State v. Knight. The question presented, as phrased by the Supreme Court Clerk's office, is "Where a witness...

A "Hostile/Warlike" Exclusion in an Insurance Policy Does Not Bar Coverage for a Cyberattack

Merck & Co., Inc. v. Ace American Ins. Co., 475 N.J. Super. 420 (App. Div. 2023). Plaintiff ("Merck") suffered a cyberattack from malware known as NotPetya. An expert for Merck's...

Discovery of Metadata

Estate of Lasiw v. Pereira, 475 N.J. Super. 378 (App. Div. 2023). Judge Messano's opinion in this medical malpractice case today is a relatively rare example of a published appellate...

"Ministerial Exception" That Bars Employment Discrimination Claims by Ministers Employed by Religious Institutions Also Covers Other Claims Related to the Institution's Employment Decision

Hyman v. Rosenbaum Yeshiva of New Jersey, 474 N.J. Super. 561 (App. Div. 2023). As Judge Mitterhoff explained in her opinion for the Appellate Division today, the Free Exercise and...

A Suppression of Evidence Case With "Three Issues of First Impression": Next Stop, Supreme Court?

State v. Scott, 474 N.J. Super. 388 (App. Div. 2023). This was a typically thorough and scholarly opinion by Judge Susswein. It is well worth reading in full. But because...

Smith & Wesson Fails to Block a Subpoena Issued by the Attorney General Under the Consumer Fraud Act

Platkin v. Smith & Wesson Sales Co., Inc., 474 N.J. Super. 476 (App. Div. 2023). In 2020, the Attorney General's office issued to Smith & Wesson an administrative action subpoena...

1 2 34…Last

A Supreme Court Oral Argument Anniversary (Tomorrow)

On January 3, 2005, the Supreme Court began livestreaming its oral arguments. As it happens, a case I was involved in was the first argument that day and, therefore, the first to be livestreamed. The Court has continued that practice ever since....

The Second Half of December

The last two weeks have seen no Supreme Court opinions. But the Appellate Division published three opinions, two of them in the criminal realm and one civil appeal. Here are summaries, to close out 2025:...

No "Appellate Division Oral Argument of the Week" Posts for This Week and Next Week

There are no Appellate Division oral arguments scheduled for this week or next week, as the court takes a holiday break to that extent. So there will be no "Appellate Division Oral Argument of the Week" posts here for this week or next....

A Privity of Contract Anniversary

On this date in 1984, the Supreme Court decided Arohnson v. Mandara, 98 N.J. 92 (1984). A unanimous opinion written by Justice Schreiber, the opinion was one of a series that cut back on privity of contract as a defense....