NJ Appellate Law Blog

An Unusual Restrictive Employment Covenant Opinion From the Appellate Division

Accounteks.net, Inc. v. CKR Law, LLP, 475 N.J. Super. 493 (App. Div. 2023). The Appellate Division sometimes publishes one version of an opinion and designates as unpublished a longer version...

Discovery of Metadata

Estate of Lasiw v. Pereira, 475 N.J. Super. 378 (App. Div. 2023). Judge Messano's opinion in this medical malpractice case today is a relatively rare example of a published appellate...

Judge Smith Explains the Third Circuit's Standard for Rule 23(f) Appeals of Grants or Denials of Class Certification

Laudato v. EQT Corporation, ___ F.4th ___ (3d Cir. 2022). Federal Rule of Civil Procedure 23(f) states that "[a] court of appeals may permit an appeal from an order granting...

Receiver of a Defrauded Entity May Initiate Arbitration Even if Entity's Shareholders Will Ultimately Benefit From Any Recovery

Interactive Brokers, LLC v. Barry, 457 N.J. Super. 357 (App. Div. 2018). This final post of 2018 features an opinion issued today by Judge Currier. The case arose out of...

Motor Vehicle Commission Wrongly Sanctioned Car Dealers Without Holding Hearings

Allstars Auto Group, Inc. v. New Jersey Motor Vehicle Commission, 234 N.J. 150 (2018). The New Jersey Motor Vehicle Commission ("NJMVC") imposed fines and suspensions on eight car dealers for...

No Liability Expert Needed for Plaintiff Injured by Stepping Into Hole Negligently Left by Utility Employee

Jacobs v. Jersey Central Power & Light Co., 452 N.J. Super. 494 (App. Div. 2017). This opinion by Judge Sabatino today is an abbreviated version of a longer opinion that...

The Appellate Division Addresses the Noerr-Pennington Doctrine

Main Street at Woolwich, LLC v. Ammons Supermarket, Inc., 415 N.J. Super. 135 (App. Div. 2017). The Noerr-Pennington doctrine, which originated in two cases from the Supreme Court of the...

Whether a Child is Emancipated Requires Full Legal Analysis, and Findings and Conclusions

Ricci v. Ricci, 448 N.J. Super. 546 (App. Div. 2017). As Judge Lihotz observed in the opening sentence of her opinion for the Appellate Division in this case, Newburgh v....

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...

When is a Child Witness Competent to Testify?

State v. Bueso, 225 N.J. 193 (2016). Today, the Supreme Court addressed the issue of how a trial court should evaluate the competency of a child witness to testify. The...

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Appellate Division Oral Argument of the Week: Did Bally's Casino Unlawfully Discriminate Based on Age in Hiring Bartenders for a New Flagship Bar?

On Thursday, January 8, judges on the Appellate Division's Part C will hear oral argument in eighteen consolidated cases, the first listed one captioned Tabei v. Bally's Park Place, LLC. Each of the cases was brought under the New Jersey Law Against Discrimination, alleging that plaintiffs were discriminated against, based on their ages, in Bally's' hiring of bartenders for a new bar, the "Boardwalk Saloon." Plaintiffs appeal a summary judgment for defendants in all cases....