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

Employee Cannot Sue Employer's Worker's Compensation Carrier for Pain and Suffering Caused by Carrier's Delay in Paying Benefits

Stancil v. ACE USA, ___ N.J. ___ (2012). "In this matter, we are asked to create a common law cause of action that would permit an injured employee, who is...

Immunity Statute Protects Rescue Squad Personnel, but Not the Rescue Squad as an Entity

Murray v. Plainfield Rescue Squad, 210 N.J. 581 (2012). Plaintiffs' son was shot in the chest by his brother. The Plainfield Rescue Squad was called. But there was allegedly a prolonged delay in transporting...

It's Tough to Get Around the Workers' Compensation Act's Ban on Employee Lawsuits Against Employers

Van Dunk v. Reckson Associates Realty Corp., 210 N.J. 449 (2012). New Jersey's Workers' Compensation Act, N.J.S.A. 34:15-1 to -128.5 ("the Act"), creates what is normally the sole recourse for an employee...

Will Properly Admitted to Probate Even Though Decedent Didn't Sign It

In re Estate of Richard Ehrlich, 427 N.J. Super. 64 (App. Div. 2012). Richard Ehrlich, a trust and estates lawyer, died. The only purported will of his that could be found was...

Wrongful Death Act Claim for Estate Tax Impact of Premature Death May Go Forward

Beim v. Hulfish, 427 N.J. Super. 560 (App. Div. 2012). The first paragraph of this very interesting opinion by Judge Harris, in an auto accident case, well encapsulates the novel issue presented:...

JCP&L Can be Liable for Negligent Placement of Electrical Pole

Seals v. County of Morris, 210 N.J. 157 (2012). While driving on a snow-covered road, plaintiffs could not negotiate a curve in the road and struck a JCP&L electrical pole located near the...

Interlocutory Appeal Treated as Final, But Appellant Loses Anyway

Rubessa v. Warner, 2012 WL 1468789 (App. Div. April 30, 2012). In spite of frequent warnings that interlocutory appeals improperly brought as final will be dismissed, the Appellate Division occasionally overlooks...

An Important Decision Under the Evidence Rules

Konop v. Rosen, 425 N.J. Super. 391 (App. Div. 2012). Trial lawyers and appellate lawyers take heed! The Appellate Division, speaking through an encyclopedic opinion by Judge Messano, has issued one of...

"You Don't Have to be Jewish …" (A Law Against Discrimination Case)

Cowher v. Carson & Roberts, 425 N.J. Super. 285 (App. Div. 2012). Plaintiff Myron Cowher worked for a trucking company. His two supervisors persistently hurled anti-Semitic epithets at him, including (among many...

The U.S. Supreme Court Addresses Strip-Searches

Florence v. Burlington Cty. Freeholder Bd., 132 U.S. 1510 (2012). When a New Jersey case reaches the Supreme Court of the United States, it often seems to turn into a landmark. This case...

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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...