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

The New Jersey Law Journal Ranks the Appellate Division Judges

This week's New Jersey Law Journal contains the result of a Law Journal survey of practitioners who were asked to rate the judges of the Appellate Division in nine separate...

Another Important Initiative and Referendum Decision

Redd v. Bowman, 433 N.J. Super. 178 (App. Div. 2013). This is another case that involves the power of citizens of a municipality established under the Faulkner Act, N.J.S.A. 40:69A-1 to -210, to...

A Flaw in a Model Jury Charge, Part 2

Flood .v. Aluri-Vallabhaneni, 431 N.J. Super. 365 (App. Div. 2013). On June 4, in Koseoglu v. Wry, 431 N.J. Super. 140 (App. Div. 2013), a panel consisting of Judges Messano, Lihotz and Kennedy, in...

An Unusual Power of the Governor

In re Veto of Minutes of New Jersey Racing Comm'n, 429 N.J. Super. 277 (App. Div. 2012). This case, in which Judge Messano wrote the Appellate Division's opinion, involved an unusual statutory...

Damage Claims Against Port Authority Barred Because Plaintiff Had Not Given Pre-Suit Notice

Santiago v. New York & New Jersey Port Authority, 429 N.J. Super. 150 (App. Div. 2012). N.J.S.A. 32:1-163 states that "in the case of any suit, action or proceeding for the recovery...

Only the Supreme Court, Not a Lower Court, Can Recognize a New Cause of Action

Filgueiras v. Newark Public Schools, 426 N.J. Super. 449 (App. Div. 2012). This case arose out of the allegedly improper termination of a gym teacher by Newark Public Schools. [Disclosure: My firm,...

Three Appellate Practice Nuggets from the NJSBA Annual Meeting

The NJSBA Annual Meeting in Atlantic City featured a program today on the "nuts and bolts" of appellate practice. The panel of speakers was headed by Judges Carchman and Messano....

An Important Decision Under the Evidence Rules

Konop v. Rosen, 425 N.J. Super. 391 (App. Div. 2012). Trial lawyers and appellate lawyers take heed! The Appellate Division, speaking through an encyclopedic opinion by Judge Messano, has issued one of...

Property Tax Exemption Unaffected by Non-Permitted Use of Property

Society of Holy Child Jesus v. City of Summit, 418 N.J. Super. 365 (App. Div. 2011). State tax statutes and the Municipal Land Use Law ("MLUL") are not often bedfellows in the same case. This...

The Uses of Unpublished Opinions

Division of Youth & Family Services v. M.D., 417 N.J. Super. 583 (App. Div. 2011). This lengthy opinion by Judge Messano focuses on what information counsel must provide to a defendant who...

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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....

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....