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

Successor Liability (or Non-Liability) on a Commercial Lease

160 West Broadway Associates, LP v. 1 Memorial Drive, LLC, ___ N.J. Super. ___ (App. Div. 2021). Judge Messano issued this opinion for the Appellate Division today. Though there were...

The Supreme Court Addresses the Pregnant Workers Fairness Act

Delanoy v. Township of Ocean, ___ N.J. ___ (2021). As discussed here, the Appellate Division issued the first opinion regarding the Pregnant Workers Fairness Act, a component of the New...

The Direct Action Statute and Arbitration

Crystal Point Condominium Ass'n v. Kinsale Ins. Co., 466 N.J. Super. 471 (App. Div. 2021). Plaintiff filed a construction defect litigation regarding balconies and slabs at plaintiff's 42-story condominium building....

Another Mass Tort Case Headed for the Supreme Court?

Hrymoc v. Ethicon, Inc., 467 N.J. Super. 42 (App. Div. 2021). This lengthy opinion by Judge Sabatino reversed trial verdicts for plaintiffs in two product liability cases involving pelvic mesh...

Unemployment is Not "Substituted Employment," and Unemployment Benefits Are Not "Pay or Salary"

Ciripompa v. Bd. of Educ. of Borough of Bound Brook, ___ N.J. Super. ___ (App. Div. 2021). Judge Gummer well summarized her opinion for the Appellate Division today in its...

Last Week

Late last week, the Supreme Court and the Appellate Division each issued two published opinions. Neither court has issued any published opinions this week (nor is either court slated to...

The Supreme Court Takes Two New Criminal Appeals and Agrees to Answer a Certified Question From the Third Circuit

The Supreme Court announced that it has granted review in three new cases. Two are criminal appeals and the third involves two questions certified by the Third Circuit. The Supreme...

The Latest on Equitable Subrogation, From Judge Geiger

New York Mortgage Trust v. Deely, ___ N.J. Super. ___ (App. Div. 2021). Every few years, the Appellate Division publishes an opinion about equitable subrogation. Equitable subrogation, "rooted in principles...

A Cook Injured While Working at Her Employer's "Family Fun Day" Qualifies for Workers' Compensation

Goulding v. NJ Friendship House, Inc., ___ N.J. ___ (2021). This opinion by Justice Fernandez-Vina today, for a unanimous Supreme Court, dealt with a claim under the Workers Compensation Act....

Employment Discrimination Based on an Employee's Youth: An Anniversary

Most of us think that age discrimination in employment claims are limited to plaintiffs who allege discrimination based on their advanced age. But on this date in 1999, the Supreme...

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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...