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

The Supreme Court Will Address "Not Raised Below," and Three Criminal Appeals

The Supreme Court has announced that it has granted certification in three cases, all criminal matters, and that a civil case will be before it on an appeal as of...

A Sunshine Law Anniversary

On October 19, 1977, the Supreme Court decided Polillo v. Deane, 74 N.J. 562 (1977). That decision is still the leading case under the New Jersey Sunshine Law, N.J.S.A. 10:4-6,...

A Split Appellate Division Decision in a Medical Malpractice Case Goes to the Supreme Court

T.L. v. Goldberg, which was the subject of a reported Appellate Division opinion where the panel split 2-1 in favor of plaintiffs, reversing the Law Division and awarding plaintiffs a...

The Supreme Court Adds to Its Criminal Docket (Plus a Tort Case)

The Supreme Court announced today that it has granted review in four more cases. Three of those are criminal appeals. The fourth is a tort case relating to a residential...

A Class Action About Towing Charges, and a Mesothelioma Case About Apportionment, Will be Before the Supreme Court

The Supreme Court announced that it has granted leave to appeal in one case and certification in another. Both cases doubtless will be closely watched. The Court granted leave to...

Big Pharma Wins in Another Supreme Court Accutane Decision

In re Accutane Litigation, 235 N.J. 229 (2018). [Disclosure: I argued this appeal, together with co-counsel, on behalf of the plaintiffs. The opinions expressed in this post are mine alone,...

Another Consumer Arbitration Clause Case, and a Criminal Appeal, for the Supreme Court

The Supreme Court has granted certification in two new cases. The first is yet another matter involving whether and when consumer disputes can be forced into arbitration. That case (actually,...

"Deemed Adopted" Administrative Law Judge Disciplinary Decision Gets the Same Deference on Appeal as Agency's Imposition of Discipline or Trial Court's Sentencing Decision

In re Hendrickson, 235 N.J. 145 (2018). This first Supreme Court opinion of the current Term is by Justice Albin. The opening paragraphs of his ruling concisely and completely describe...

House Judiciary Committee Votes for Live Streaming of U.S. Supreme Court and Circuit Court of Appeals Oral Arguments

The House Judiciary Committee, by a voice vote, advanced the Judiciary Reforms, Organizational and Modernization Act of 2018, known as "the Judiciary ROOM Act." The bill number is H.R. 6755....

As Summer Nears Its End, the Third Circuit Cranks Out Opinions

This time of the year there are slim pickings in terms of published opinions of the Supreme Court of New Jersey or the Appellate Division. Even unpublished Appellate Division opinions...

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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...