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

The Supreme Court's Busy August

In the last ten days, the Supreme Court, nearing the end of its term, has issued a number of opinions. It has been hard to keep up with them all....

Standing and Mootness in a Ten Commandments Monument Case

Freedom From Religion Foundation, Inc. v. New Kensington Arnold School District, 832 F.3d 469 (3d Cir. 2016). Federal standing law sometimes involves nuances inquiries comparable to the famous question of...

Supreme Court Will Review PERC, Foreclosure, and Statute of Limitations Cases

The Supreme Court announced that it has granted review in three civil cases (not to mention several more criminal cases, which will not in fact be mentioned here). The first...

Amendments to the New Jersey Appellate Rules of Court, to be Effective on September 1, 2016

Today, the Supreme Court published an order dated August 1, 2016, which announced amendments to various court rules, all of which will take effect on September 1, 2016. That announcement...

When Can an LLC Expel a Member?

IE Test, LLC v. Carroll, 226 N.J. 166 (2016). Until it was superseded by the Revised Uniform Limited Liability Company Act, N.J.S.A. 42:2C-1 to -94 ("RULLCA"), on March 18, 2013,...

Due Process Requires Counsel for an Indigent Parent in a Private Adoption Case That Would Terminate Parental Rights

In re Adoption of a Child by J.E.V. and D.G.V., 226 N.J. 90 (2016). In this unanimous opinion, authored by Chief Justice Rabner, the Supreme Court ruled that an indigent...

Trial Courts May Not Take Away a Jury Trial as a Sanction for a Rule Violation

Williams v. American Auto Logistics, 226 N.J. 117 (2016). Parties who fail to follow procedural rules are a source of frustration to busy trial judges. As Justice Fernandez-Vina noted in...

Supreme Court Grants Review of Two TCCWNA/CFA Class Certification Decisions

The Supreme Court has granted certification of class certification decisions in two cases under the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., and the Truth in Consumer Contract, Warranty, and...

Supreme Court Will Review OPRA Metadata Case

The Philadelphia Inquirer reports that the Supreme Court has granted review of the Appellate Division's decision in Paff v. Galloway Tp., 444 N.J. Super. 495 (App. Div. 2016). That decision...

Future Advance Mortgages: The Law From the Past Remains the Law (With Perhaps One Exception) in the Present

Rosenthal & Rosenthal, Inc. v. Benun, 226 N.J. 41 (2016). A future advance mortgage, in broad outline, is a mortgage that secures a loan that is made in stages, rather...

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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...