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

This Week's Published Opinions

On Monday, January 31, I have my first in-person appellate argument since the COVID-19 pandemic began. Preparation for that, and other matters, made the current week go by all too...

Ullmann Rule Limiting Discovery of Tax Returns Applies to Corporate Returns As Well As Individual Returns

Parkinson v. Diamond Chemical Co., Inc., ___ N.J. Super. ___ (App. Div. 2021). In Ullmann v. Hartford Fire Ins. Co., 87 N.J. Super. 409 (App. Div. 1965), the Appellate Division...

The First Grants of Supreme Court Review of the New Term

The Supreme Court announced its first group of new cases for this Term. Of the three cases, each came to the Court by a different route. A-1-21, State v. Ramirez,...

Conversion Therapy Providers Must Pay Damages Provided for in a Settlement Agreement for Breaching That Agreement and Violating a Related Injunction

M.F. v. JONAH (Jews Offering New Alternatives for Healing f/k/a Jews Offering New Alternatives to Homosexuality), _2021 N.J. Super. LEXIS ______ (App. Div. 2021). [Disclosure: I argued this appeal for...

Motions to Terminate Alimony Obligations Due to Cohabitation or Remarriage Are to be Treated Like Summary Judgment Motions

Temple v. Temple, ___ N.J. Super. ___ (App. Div. 2021). When plaintiff Jeffrey Temple and defendant Cynthia Temple divorced, they entered into a marital settlement agreement, incorporated into their 2004...

Two Rulings in Criminal Cases by the Supreme Court

State v. Szemple, ___ N.J ___ (2021); J.K. v. New Jersey State Parole Bd., ___ N.J. ___ (2021). The Court decided these two criminal appeals in the last two days....

What Not to Do as an Attorney: "Appalling, Unlawyerly Behavior"

United States v. Brace, 2021 U.S. App. LEXIS 17482 (3d Cir. June 11, 2021). Every so often, attorney conduct is so egregiously bad that it results in a published opinion,...

Reconsideration of Final Orders vs. Reconsideration of Interlocutory Orders

Lawson v. Dewar, ___ N.J. Super. ___ (App. Div. 2021). This opinion by Judge Fisher was made on summary disposition, a rare occurrence in our appellate courts. In the first...

Dismissals for Failure to Prosecute Cannot be With Prejudice

Estate of Semprevivo v. Lahham, ___ N.J. Super. ___ (App. Div. 2021). Judge Rose issued this opinion for the Appellate Division today. It "implicates the proper application and limitations of...

Pre-Marital Agreements, Mid-Marital Agreements, Property Settlement Agreements, and (Today's Case) Agreements in the Nature of a Mid-Marital Agreement

Steele v. McDonnell Steele, ___ N.J. Super. ___ (App. Div. 2021). Judge Enright's decision for the Appellate Division in this case today involved an appeal of the Family Part's enforcement...

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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...