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

Last-Minute Motions in Limine Cannot Properly be Used Instead of Properly Noticed Dispositive Motions

L.C. v. M.A.J., 451 N.J. Super. 408 (App. Div. 2017). In Cho v. Trinitas Regional Medical Center, 443 N.J. Super. 461 (App. Div. 2016), discussed here, Judge Espinosa wrote an...

Jury Waiver and Fee Award to Defendant in CEPA Case Are Overturned

Noren v. Heartland Payment Systems, Inc., 448 N.J. Super. 486 (App. Div. 2017). In Abbamont v. Piscataway Tp. Bd. of Educ., 238 N.J. Super. 603 (App. Div. 1990), aff'd, 138...

Amendments to the New Jersey Appellate Rules of Court, to be Effective on September 1, 2016

Today, the Supreme Court published an order dated August 1, 2016, which announced amendments to various court rules, all of which will take effect on September 1, 2016. That announcement...

Trial Courts May Not Take Away a Jury Trial as a Sanction for a Rule Violation

Williams v. American Auto Logistics, 226 N.J. 117 (2016). Parties who fail to follow procedural rules are a source of frustration to busy trial judges. As Justice Fernandez-Vina noted in...

No Need for a Law Firm LLP to Have "Tail" Insurance, Says the Supreme Court

Mortgage Grader, Inc. v. Ward & Olivo, LLP, 225 N.J. 423 (2016). Justice Fernandez-Vina issued an opinion in this legal malpractice appeal today, his first opinion in quite some time,...

Monetary Sanction is Imposed on Appellate Counsel for "Utter Indifference to the Standards of Professional Competence"

Sackman v. New Jersey Manufacturers Ins. Co., 445 N.J. Super. 278 (App. Div. 2016). [Disclosure: I represent New Jersey Manufacturers in certain litigation, but not in this case]. This opinion,...

Office of Attorney Ethics May Investigate Grievance That District Ethics Committee Had Declined to Docket

Robertelli v. New Jersey Office of Attorney Ethics, 224 N.J. 470 (2016). As today's decision by Chief Justice Rabner describes in exquisite detail, the Supreme Court has established two different...

2015 Omnibus Rule Amendment Order Contains One Appellate Rule Change

The Supreme Court has published its 2015 Omnibus Rule Amendment Order, which is available here. That Order contains amendments to several dozen Court Rules and appendices, and also adds new...

"Watchdog" Employees are Entitled to Full Protection Under CEPA

Lippman v. Ethicon, Inc., 222 N.J. 362 (2015). In 2013, the Appellate Division determined that so-called "watchdog" employees (that is, employees whose job it is to bring forward issues relating...

Law of the Case Doctrine Does Not Extend From One Party to Another Party Not in Privity

State v. K.P.S., 221 N.J. 266 (2015). Two defendants who had been charged in the same indictment with many of the same crimes sought to suppress certain evidence. The Law...

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No Arbitrariness in Rejection of Public Construction Bid That Failed to Include a Properly Signed, Required Consent of Surety

In the Matter of Protest Filed by El Sol Contracting and Construction Corp., Contract T100.638, ___ N.J. ___ (2025). This public bidding case resulted in a 5-2 split at the Supreme Court, the first non-unanimous ruling of the current Term. Justice Hoffman wrote the majority opinion, while Justice Fasciale authored the dissent for himself and Justice Pierre-Louis....

Appellate Division Published Opinions During and After Its Recess

The final day of the Appellate Division's two-week recess was April 25. On that date, the Appellate Division issued a published opinion. Two more published opinions followed during the current week. Here are summaries of those opinions....

"Ethics in Appellate Practice" Seminar at the NJSBA Annual Meeting on May 15

I will be moderating a panel titled "Ethics in Appellate Practice" that will help kick off Day 2 of the New Jersey State Bar Association Annual Meeting on May 15. The presentation will be from 8:45-10 AM. It will feature Judge Gummer of the Appellate Division and distinguished appellate practitioners with experience in and perspectives on ethics in the appellate context from both the plaintiffs' and the defendants' sides....

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....