NJ Appellate Law Blog

Cap on Sick Leave Payments to School Administrators Upheld

New Jersey Ass'n of School Adminstrators v. Schundler, 211 N.J. 535 (2012). This case required the Supreme Court to parse and reconcile an unusually complex scheme of statutes and regulations that dealt...

An Organization is Not an "Individual"

Mohamad v. Palestinian Authority, 132 S.Ct. 1702 (2012). When Justice Alito spoke at the last Third Circuit Conference, he said that most of the Supreme Court's work does not deal with constitutional...

If Your Employer Tells You That You "Have to Resign," And You Do Resign, You Have Not Left Your Job "Voluntarily"

Lord v. Board of Review, 425 N.J. Super. 187 (App. Div. 2012). Did an employee who accepted his employer's directive that he "had to resign" leave his job "voluntarily" so as to disqualify...

Some Instruction About How to Apply the 10-Year Construction Statute of Repose to a Multi-Phase Project

State v. Perini Corp., 425 N.J. Super. 62 (App. Div. 2012). N.J.S.A. 2A:14-1.1a establishes a ten-year statute of repose for actions involving alleged deficiencies "in the design, planning, surveying, supervision or construction...

DePascale v. New Jersey (Judges' Pension Case) Argued

The oral argument in the Supreme Court of the United States today about the Affordable Care Act, a/k/a "Obamacare," has drawn so much attention that it has overshadowed the nearly...

The Effect of the Product Liability Act's Presumption of Labeling Adequacy on the Statute of Limitations in Products Cases

Kendall v. Hoffman-LaRoche, Inc.., 209 N.J. 173 (2012). In this case, the 5-1 majority opinion by Justice Long offers a comprehensive tutorial about New Jersey's "discovery rule," which mitigates the strict statute...

Even a Non-Citizen May Change Her Name

In re Application of Xiangjing Zhan, 424 N.J. Super. 231 (App. Div. 2012). A permanent resident alien sought to invoke New Jersey's name change statute, N.J.S.A. 2A:52-1 to -4, to change his...

Citizens of Walsh Act Municipalities Have the Same Right to a Referendum on Authorizing Indebtedness as Citizens of Other Types of Municipalities Do

In re Petition for Referendum to Repeal Ordinance 2010-27 of Margate City, 424 N.J. Super. 242 (App. Div. 2012). The Home Rule Act, N.J.S.A. 40:49-27, establishes the right to a public referendum...

Public Agency Supervisor May be Individually Liable Under Family Medical Leave Act

Haybarger v. Lawrence County Adult Probation & Parole, 667 F.3d 408 (3d Cir. 2012). Plaintiff Debra Haybarger worked for defendant, an agency of the Pennsylvania Court of Common Pleas. Plaintiff has several...

"What's in a Name?"

Emma v. Evans, 424 N.J. Super. 36 (App. Div. 2012). The title of this post is, unsurprisingly, not my own creation. It is the first line of this opinion by Judge Fisher,...

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Three Supreme Court Decisions to Catch Up On

This is the second post that catches up with appellate developments last week and this week. The Supreme Court issued rulings in three cases during that period. Two of those appeals involved unanimous opinions. The third engendered a relatively rare 5-2 split among the Justices. Here are summaries:...

Three More Criminal Appeals for the Supreme Court

Much of last week was consumed by a sojourn in Hershey, PA for the Third Circuit Judicial Conference, a very enjoyable and educational experience. As a result, it's time for some catching up. Today's is the first such post....

Statutory Ban on Retroactive Reduction of Court-Ordered Child Support is Inapplicable to Reductions Based on a Child's Emancipation

Bournes v. Harris, ___ N.J. Super. ___ (App. Div. 2026). This post-dissolution appeal from the Family Part involved several questions arising out of a Marital Settlement Agreement ("MSA") entered in a Texas court. In an opinion by Judge Firko, the Appellate Division affirmed a ruling by Judge Lougy, whom the panel identified by name, that New Jersey courts had jurisdiction to enforce and to modify the Texas MSA, and that Judge Lougy properly enforced arrears....

Common Law Bad Faith Claims and Claims Under the Insurance Fair Conduct Act Should, In Many Cases, be Deferred Until After Resolution of Underinsured Motorist Claims

Tenenbaum v. Allstate Ins. Co., ___ N.J. Super. ___ (App. Div. 2026). Judge Natali's opinion for the Appellate Division in this matter today involved two matters that were before the court on leave to appeal. The issue in both cases was whether and when "common law bad faith claims under Pickett v. Lloyd's, 131 N.J. 457, 467 (1993), and those brought under the recently adopted Insurance Fair Conduct Act (IFCA), N.J.S.A. 17:29BB-1 to -3," should be stayed until resolution of all disputes relating to underinsured motorist ("UIM") claims brought in the same action....