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

Sovereign Immunity Prevails, But the State Police Still Lose

Royster v. New Jersey State Police, 227 N.J. 482 (2017). Today's decision is a unique one. Writing for the majority of five Justices (Justices LaVecchia, Patterson, Fernandez-Vina, Solomon, and Timpone),...

The Third Circuit Will Post Video of Certain Oral Arguments

Last Friday, the Third Circuit announced that it will begin to post on its website, www.ca3,uscourts.gov, "videos of oral arguments in select cases," more specifically, those that are "deemed to...

Volunteer Emergency Medical Technician is Not a "Public Servant" for Purposes of the Official Misconduct Statute

State v. Morrison, 227 N.J. 295 (2016). In today's unanimous opinion by Justice Albin, the issue was whether a volunteer emergency medical technician ("EMT") is a "public servant" who can...

The Supreme Court Will Review a Big Constitutional Law Case, Three Criminal Appeals, and an Insurance Coverage Case

This morning, the Supreme Court announced that it will review five more cases. Three of those are criminal cases, one is an insurance coverage case, and one is a constitutional...

Equitable Distribution Statute Does Not Apply to Property Acquired During Cohabitation, But Equitable Principles Come to the Rescue

Thieme v. Aucoin-Thieme, 227 N.J. 269 (2016). Plaintiff and defendant cohabited for eight years, were married for a short time, and then divorced. Before and during the marriage, plaintiff had...

Supreme Court Will Review OPRA, Statute of Limitations, and Employment Contract Cases

The Supreme Court announced this afternoon that it has granted review in three more cases. The first is an Open Public Records Act ("OPRA") case, Paff v. Ocean County Prosecutor's...

Supreme Court Will Review a Long Term Tax Exemption Law Case

The Supreme Court has announced that it has granted review in EQR-LPC Urban Renewal North Pier, LLC v. City of Jersey City. The question presented in that appeal, as phrased...

Supreme Court Will Review A Megan's Law Case and Another Criminal Matter

The Supreme Court announced that it has granted review (one on a motion for leave to appeal and one on a petition for certification) in two more criminal cases. In...

Three More Cases for the Supreme Court

The Supreme Court announced that three more cases have been added to its docket. State v. Carrero, Jr. is before the Court by virtue of a dissent in the Appellate...

Catching Up With Supreme Court Grants of Review

I've missed a lot of days in the last several weeks. The Supreme Court, however, has been active. The Court announced grants of review in the following cases: In Lee...

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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...