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

Absolute vs. Qualified Immunity Under the Tort Claims Act

Lee v. Brown, 232 N.J. 114 (2018). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represented certain defendants in this case who were dismissed from the case on motion prior to...

The Anniversary of 525 Main St. Corp. v. Eagle Roofing Corp.

On this date in 1961, the Supreme Court decided 525 Main St. Corp. v. Eagle Roofing Corp., 34 N.J. 251 (1961). The Court's opinion, a 5-0 decision, was written by...

The Last Few Weeks, Part 1

Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts...

The Last Few Weeks, Part 2

Last week, the Supreme Court announced that it had granted certification in five more cases. Three of them are criminal appeals, one involves additur after a jury verdict, and one...

Another Certified Question Case From the Third Circuit, and Another Criminal Appeal, for the Supreme Court

The Supreme Court announced that it will take up two more matters. One is a certified question from the Third Circuit Court of Appeals in a consumer protection context, specifically,...

The Latest Grants of Review by the Supreme Court

The Supreme Court announced that it has granted review in three more cases. One of them is yet another case under the Open Public records Act, N.J.S.A. 47:1A-1 et seq....

Another Suppression of Evidence Appeal Gets to the Supreme Court

The Supreme Court announced that it has granted review in State v. Roundtree. The question presented, as phrased by the Supreme Court Clerk's office, is "Did the police officers initially...

Videotaped Deposition May be Replayed During Summation

Hayes v. Delamotte, 231 N.J. 373 (2018). Today saw the issuance of the Supreme Court's first opinion of 2018. The case, a personal injury matter arising out of an auto...

62 Years Since Appeal of Pennsylvania R. Co., a Key Case on Leave to Appeal

On this date in 1956, the Supreme Court issued its opinion in In re Pennsylvania R. Co., 20 N.J. 398 (1956). Along with Romano v. Maglio, 41 N.J. Super. 561...

The Supreme Court Grants Review of an Environmental Land Use Case

The Supreme Court announced that it has granted review in N.J. Highlands Coalition v. New Jersey Dep't of Environmental Protection. The question presented, as phrased by the Supreme Court Clerk's...

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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...