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

The Tort of Intrusion Upon Seclusion

Friedman v. Martinez, 242 N.J. 450 (2020). The Torts class in the first year of law school deals with, among other things, the tort of intrusion upon seclusion. It is...

Determining "The Least Blameworthy of Two Competing Wrongs"

LVNV Funding, LLC v. DeAngelo, 464 N.J. Super. 103 (App. Div. 2020). What does a court do when each party is, for different reasons, in the wrong? That is the...

Making Up Ground

Due to a personal matter, there have been no posts on this blog since June 2. This post will summarize some of the decisions from our appellate courts since that...

The Supreme Court Reaffirms 66 East Allendale Rule for Determining Highest and Best Use in Condemnation Cases

Township of Manalapan v. Gentile, 242 N.J. 295 (2020). Justice Solomon wrote this opinion, issued today, for a unanimous Court. The question was whether, in this condemnation case, the Law...

Retail Installment Sales Act Applies to Health Club Memberships

Sanchez v. Fitness Factory Edgewater, LLC, 242 N.J. 252 (2020). In Mellet v. Aquasid, LLC, 453 N.J. Super. 23 (App. Div. 2017), the Appellate Division ruled that the Retail Installment...

Five More Cases for the Supreme Court

The Supreme Court announced that it has granted certification in five new cases. Two of them involve published opinions of the Appellate Division. Delanoy v. Township of Ocean resulted in...

From Judge Vernoia, a Discussion of "Opening the Door," The Rule of Completeness, and Lay Opinion Testimony

Grewal v. Greda, 463 N.J. Super. 489 (App. Div. 2020). This far too belated post is about a very informative opinion by Judge Vernoia last week. The case was one...

The Supreme Court Will Address Dying Declarations, Reimbursement in Workers Compensation for Medical Marijuana, and Expert Psychiatric Testimony in Involuntary Commitment Cases

The Supreme Court announced that it has granted certification in three more cases. In State v. Williamson, the question presented, as phrased by the Supreme Court Clerk's office, is "Was...

An Ethics Issue and Another Criminal Case for the Supreme Court

The Supreme Court announced that it has granted review in two more cases. The first, an ethics matter that could arise only in our current electronic age, comes to the...

A Due Process Travesty in a Workers Compensation Case

McGory v. SLS Landscaping, 463 N.J. Super. 463 (App. Div. 2020). Judge Vernoia pulled no punches in this opinion for the Appellate Division today. Writing for a unanimous panel, Judge...

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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...