NJ Appellate Law Blog

The Final Published Opinion of the Current Term and Noscitur a Sociis

In the Matter of Proposed Construction of Compressor Station (CS327), Office Building and Appurtentant Structures, Highlands Applicability Determination, Program Interest No.: 1615-17-0004.2 (APD200001), 476 N.J. Super. 556 (App. Div. 2023)....

The Appellate Division Declines to Rewrite N.J.S.A. 39:6A-4.5(b)

Castano v. Augustine, 475 N.J. Super. 71 (App. Div. 2023). N.J.S.A. 39:6A-4.5(b), enacted as part of the reform of New Jersey's automobile insurance system, states: "Any person who is convicted...

The Effect of an Amendment to Prong Two of the "Best Interests of the Child" Test in Termination of Parental Rights Proceedings

New Jersey Division of Child Protection & Permanency v. D.C.A., 474 N.J. Super. 11 (App. Div. 2022). This opinion today by Judge Whipple affirmed the decision of a Family Part...

Supreme Court and Appellate Division Published Decisions This Week

An enjoyable sojourn in Atlantic City for the New Jersey State Bar Association Annual Meeting and Convention delayed this post. I had the privilege of being part of a panel...

A Public Employee's Date of Separation From Employment and the Reasons Therefor Are Not Exempt From Disclosure Under OPRA

Libertarians for Transparent Government v. Cumberland County, ___ N.J. ___ (2022). This is an Open Public Records Act ("OPRA") case. A woman who had been incarcerated at the Cumberland County...

BPU Inaction for 20 Months Results in a Remand for the Agency to Act

In re Verified Petition of Retail Energy Supply Ass'n, ___ N.J. Super. ___ (App. Div. 2021). This appeal was from the inaction (not any action) by the Board of Public...

The State Must Indemnify as Well as Defend County Prosecutors Offices' Employees

State of New Jersey v. County of Ocean, ___ N.J. Super. ___ (App. Div. 2021). This opinion by Judge Mawla involved the question of whether the State was obligated to...

A Gym's Claim for Compensation for COVID-19 Closures Under the Governor's Executive Orders Fails

JWC Fitness, LLC v. Murphy, ___ N.J. Super. ___ (App. Div. 2021). This opinion by Judge Rothstadt involved the claims of plaintiff, a gym, for compensation from the State because...

This Week in the Supreme Court

The Supreme Court issued its first three opinions of the new Term this week. Here are summaries of those rulings: Bozzi v. City of Jersey City, ___ N.J. ___ (2021)....

Public Employees on Temporary Disability Must Still Contribute to State Health Benefit Costs Based on "Base Salary," Rather Than Based on Benefits Received

Grillo v. State of New Jersey, ___ N.J. Super. ___ (App. Div. 2021). In 2011, legislation ("Chapter 78") changed the way that State Health Benefits Plan ("SHBP") benefits were provided...

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In Primary Election Dispute, the Supreme Court Declines to Rewrite Election Laws to Create Remedies Not Afforded by Those Statutes

Johnson v. Wilkerson, ___ N.J. ___ (2025). Chief Justice Rabner's opinion for a unanimous Court follows on the Court's September 19, 2025 Order that upheld a ruling by Judge Sabatino in an emergent appeal by a candidate for a Roselle council seat. That Order stated that an opinion would follow....

Appellate Division Oral Argument of the Week: Two Well-Known Law Firms Face Off Against Each Other, as Parties

Tomorrow, October 28, judges on Part E of the Appellate Division will hear oral argument in Nagel Rice, LLP v. Starkey, Kelly, Kenneally, Cunningham & Turnbach. It is relatively rare for one law firm to sue another, but that has occurred here....

Two Certified Question Cases From the Third Circuit, and a Related Grant of Leave to Appeal, for the Supreme Court

The Supreme Court announced that it has granted review in three new matters. Two of them involve questions certified to the Court by the Third Circuit Court of Appeals, under Rule 2:12A. It is relatively rare for the Court to receive, and rarer for it to grant, petitions to decide certified questions, and it appears unprecedented for the Court to have granted review in two such cases at the same time. The other new case is a grant of leave to appeal to address one of the same issues presented in one of the certified question matters....

Still Another Committee on Character Anniversary

This blog has in the past noted anniversaries of Supreme Court decisions involving appeals from the Court's Committee on Character, on which I served for fifteen years. Today is another such anniversary, as on October 22, 1997, the Court decided In re Triffin, 151 N.J. 510 (1997)....