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

Another Criminal Case, and Two Cases Involving Civil Claims by Police Officers, Will Get Supreme Court Review

The Supreme Court has announced that it has granted review in three more cases. Two of them resulted from unpublished Appellate Division rulings in cases where police officers are the...

Governor Murphy Nominates Justice Patterson for Tenure

Governor Murphy announced yesterday that he is nominating Justice Patterson for tenure on the Supreme Court. Justice Patterson has served with distinction on the Court for the past seven years....

OPRA Requires Disclosure of the Names of Successful Bidders at Public Auctions of Government Property

Brennan v. Bergen County Prosecutor's Office, 233 N.J. 330 (2018). This opinion by Chief Justice Rabner, for a unanimous Supreme Court, addressed an issue that arose under the Open Public...

The Latest Supreme Court Grants of Review: A Tort Claims Act Notice Case, and the Effect of Zoning Board Conflict of Interests

The Supreme Court announced that it has granted review in two more cases. The first is O'Donnell v. New Jersey Turnpike Authority. The question presented in that appeal, as phrased...

Should Two Attorneys be Able to Split an Appellate Oral Argument?

The Supreme Court announced that it is seeking comments on a proposed amendment to Rule 2:11-1(b)(3). That rule, which deals with oral argument in the appellate courts, currently states that...

The "Single Publication Rule" in the Internet Age, and the "Fair Report" Privilege

Petro-Lubricant Testing Laboratories, Inc. v. Adelman, 233 N.J. 236 (2018). This defamation case, which involves an internet article about an employment discrimination lawsuit that was thereafter reprinted in somewhat different...

A Key Consumer Fraud Case for the Supreme Court

The Supreme Court announced that it has granted review in All the Way Towing, LLC v. Bucks County International, Inc. The question presented on this appeal, as phrased by the Supreme...

ACLU v. Hendricks Goes Back to the Secretary of Higher Education to Develop a Full Administrative Record

American Civil Liberties Union of New Jersey v. Hendricks, 233 N.J. 181 (2018). In 2016, in a decision reported at 445 N.J. Super. 452 (App. Div. 2016), and discussed here,...

Unemployment Benefits, Suppression of Evidence, and the Alleged Improper Exercise of Peremptory Challenges Based on Race Come Before the Supreme Court

The Supreme Court announced that it has granted review in two more cases. The first, Blake v. Board of Review, was discussed here. Since the Court had previously granted review...

Digging Out

This past Monday, I argued two appeals in the Supreme Court of New Jersey. They were the Accutane matters discussed and . In the period leading up to those arguments,...

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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...