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

Resolution of the "Borrowed Employee" Issue under Galvao v. G.R. Robert Construction Co. is For the Jury, Not a Judge

Pantano v. New York Shipping Ass'n, 254 N.J. 101 (2023). Judge Sabatino wrote this 6-0 opinion, which involved "the application of the multi-factor test [the Court] announced in Galvao v....

No Need for Attorney Retainer Agreements to State Expressly That Billing Will be in Tenths of an Hour or Other Increments

Arbus, Maybruch & Goode, LLC v. Cohen, 475 N.J. Super. 509 (App. Div. 2023). In this suit by a law firm to collect its fee from a client (actually, an...

Five More Cases for the Supreme Court

The Supreme Court announced that it has granted certification in five new cases. Here they are: In Usachenok v. State of New Jersey, Dep't of the Treasury, the question presented,...

A "Hostile/Warlike" Exclusion in an Insurance Policy Does Not Bar Coverage for a Cyberattack

Merck & Co., Inc. v. Ace American Ins. Co., 475 N.J. Super. 420 (App. Div. 2023). Plaintiff ("Merck") suffered a cyberattack from malware known as NotPetya. An expert for Merck's...

Two Supreme Court Grants of Leave to Appeal: A Miranda Warnings Case and a Consumer Fraud Case

The Supreme Court announced that it has granted leave to appeal in two new cases. In State v. Tiwana, the question presented, as phrased by the Supreme Court Clerk's office...

The Appellate Division Declines to Rewrite N.J.S.A. 39:6A-4.5(b)

Castano v. Augustine, 475 N.J. Super. 71 (App. Div. 2023). N.J.S.A. 39:6A-4.5(b), enacted as part of the reform of New Jersey's automobile insurance system, states: "Any person who is convicted...

The Last Half of February in the Appellate Division

This follows up on yesterday's post about the second half of February in the Supreme Court. Here are summaries of some of the Appellate Division's published opinions issued in the...

"Ministerial Exception" That Bars Employment Discrimination Claims by Ministers Employed by Religious Institutions Also Covers Other Claims Related to the Institution's Employment Decision

Hyman v. Rosenbaum Yeshiva of New Jersey, 474 N.J. Super. 561 (App. Div. 2023). As Judge Mitterhoff explained in her opinion for the Appellate Division today, the Free Exercise and...

A Landlord-Tenant Anniversary

On February 6, 1967, the Supreme Court decided Mayfair Fabrics v. Henley, 48 N.J. 483 (1967). In an opinion by Justice Jacobs, the Court unanimously held valid what came to...

Statutory Limit on Removed Municipal Administrator's "Salary" Applies to "Severance"

Carelli v. Borough of Caldwell, ___ N.J. Super. ___ (App. Div. 2022). N.J.S.A. 40A:9-138 deals with the removal of a municipal administrator from office. The statute provides for a resolution...

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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...