NJ Appellate Law Blog

The Rules are the Rules, Even When They Protect Wrongdoers

Kizima v. Bartone, 2010 WL 4721201 (App. Div. Nov. 23, 2010). This brief decision recounts that the plaintiffs had failed to respond to discovery, and the trial court dismissed their...

Never Attach Documents to a Brief!

Muracco v. Township of Washington, 2010 WL 5376867 (App. Div. Nov. 16, 2010). Courts have repeatedly made clear that documents cannot be attached to a brief, but must be appended...

Abuse of Discretion Standard

Lucante v. Lucante, 2010 WL 4570211 (App. Div. Nov. 15, 2010). This opinion contains a lengthy discussion of the concept of abuse of discretion. There are a number of useful...

Shortcut Blocked

Washington Commons, LLC v. City of Jersey City, 416 N.J. Super. 555 (App. Div. 2010). Where two prior lawsuits between the parties were already finally concluded, and no case was...

Don't Make the Court Ask You Twice

Fletcher v. Camden County Prosecutor's Office, 2010 WL 4226150 (App. Div. Oct. 27, 2010). In this appeal from a summary judgment, the Appellate Division questioned whether the appellate record was...

Diluting the Right to Oral Argument on Trial Level Motions

Abulkhair v. Liberty Mut. Ins. Co., 2010 WL 4226222 (App. Div. Oct. 27, 2010). Here, a party's notice of motion in the Law Division requested oral argument only if there...

If You Seek Fees, You Must Follow the Rules Even in Small Cases

Hillcrest Garden, Inc. v. Victorian Florist, Inc., 2010 WL 4137191 (App. Div. Oct. 22, 2010). In this credit contract appeal, the agreement provided for "reasonable attorneys' fees of 25% of...

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Lisa Bigony Appointed Deputy Clerk of the Appellate Division

Chief Justice Rabner announced that Lisa D. Bigony has been named Appellate Division Deputy Clerk for Case Processing, effective today. In that role, according to a press release, she will be "responsible for oversight of the various units of case processing, including paralegal and legal, case processing, Civil Appeals Settlement Program, public access unit, calendaring, final disposition, and records and reception."...

The Supreme Court Grants Review of the Threshold Dismissal of a Trust and Estates Case

The Supreme Court announced that it has granted certification in Dill v. Offray. The question presented, as phrased by the Supreme Court Clerk's office, is "Under the circumstances presented, should the Appellate Division have remanded the matter to the trial court after it held that defendant had standing to assert a counterclaim covering the period of time when the prior beneficiary of the trust was alive, and did defendant state a cognizable claim under the Prudent Investor Act ["PIA"], N.J.S.A. 3B:20-11.1 to -11.12?"...

The 2,500th Post on This Blog: Appellate Division Oral Argument of the Week- Need Rutgers University Obtain State Approval Before Offering Its Academic Programming to Students?

On Tuesday, September 29, judges on the Appellate Division's Part D will hear oral argument in In the Matter of the Applicability of Certain Statutes and Regulations to Rutgers, the State University of New Jersey. The issue is whether New Jersey's Secretary of Higher Education wrongly determined that Rutgers is obligated to comply with regulations promulgated by the Secretary in 2022 that require colleges and universities subject to the Secretary's jurisdiction to go through a process of having their programmatic decisions approved by the Secretary....

Attorneys' Fees and Attorney Disqualification Appeals Reach the Supreme Court

The Supreme Court announced that it has granted review in two new matters. One of them involves a grant of certification, while the other is before the Court on the grant of leave to appeal....