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

An Excellent Overview of the Statute of Repose

Port Imperial Condominum Ass'n, Inc. v. K. Hovnanian Port Imperial Urban Renewal, Inc., 419 N.J. Super. 459 (App. Div. 2011). The statute of repose, N.J.S.A. 2A:14-1.1, prevents a cause of action for...

More Criticism of Strategies Contrived to Make an Interlocutory Order Appear Final

Conforti v. Kantorowski, 2011 WL 1433764 (App. Div. April 15, 2011). The Appellate Division often expresses displeasure, or worse, with stratagems designed to obtain immediate appellate review of a decision that is...

Public Employer May Deny Use of Compensatory Time on Requested Date Even Without Showing Undue Disruption

Nutley Policemen's Benevolent Ass'n v. Township of Nutley, 419 N.J. Super. 160 (App. Div. 2011). The federal Fair Labor Standards Act ("FLSA") , 29 U.S.C. §§201-219, requires a public employer who gives an...

If You Feel Threatened and Ask for Help, The Helper May Sue You if He/She Gets Injured

Estate of Desir v. Vertus, 418 N.J. Super. 310 (App. Div. 2011). "[W]here an imperiled person draws in another to his predicament, it is foreseeable that the person drawn in will be...

"You are My Sunshine, My Only Sunshine"

McGovern v. Rutgers, The State University, 418 N.J. Super. 458 (App. Div. 2011). New Jersey's Sunshine Law, also known as the Open Public Meetings Act, N.J.S.A. 10:4-6 to -21, is the focus...

Some Philadelphia Rail Stations are Unlawfully Handicapped-Inaccessible, Third Circuit Says

Disabled in Action of Pennsylvania v. SEPTA, 635 F.3d 87 (3d Cir. 2011). The Americans with Disabilities Act ("ADA"), a federal statute, by definition applies nationwide. As a result, the Third Circuit's decision in...

The Power of a Power of Attorney

AMB Property, LP v. Penn America Ins. Co., 418 N.J. Super. 441 (App. Div. 2011). The plaintiff's warehouse tenant, Mystic, obtained a liability insurance policy from the defendant, through the defendant's agent, Jimcor. Imperial, a...

Expungement of Conviction Does Not Make Reference to That Conviction Tortious

G.D. v. Kenny, 205 N.J. 275 (2011). A political campaign flyer charged that a candidate had as an aide "a DRUG DEALER who went to JAIL for FIVE YEARS for selling coke...

Mortgagee Lacks Standing to Enforce Note and Mortgage Unless Documents are Properly Authenticated

Wells Fargo Bank, N.A. v. Ford, 418 N.J. Super. 592 (App. Div. 2011). The question of whether foreclosing mortgagees have the proper proofs to support their cases has been all over the news...

Entity That Purchases Another Entity's Assets Can be Liable for Delinquent ERISA Fund Contributions

Einhorn v. M.L. Ruberton Const. Co., 632 F.3d 89 (3d Cir. 2011). When two firms merge, the successor firm may be liable for delinquent ERISA fund contributions of the predecessor. But where one entity...

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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...