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

An Anniversary in Administrative Law

On December 4, 1973, the Supreme Court decided Mayflower Sec. Co. v. Bureau of Securities, 64 N.J. 85 (1973). The Bureau of Securities had suspended the registration of Mayflower, a...

Judges Vanek and Vinci Are Permanently Assigned to the Appellate Division

Chief Justice Rabner announced that Judges Vinci and Vanek have been permanently assigned to the Appellate Division. They had each been temporarily assigned to that court previously. The Orders making...

Appellate Division Oral Argument of the Week: Are Disciplinary Grievance Arbitrations in the Public Sector Preempted by 2020 Regulations Under Title IX of the Education Amendment Acts of 1972?

Tomorrow, December 3, Part F will hear oral argument in In re Rutgers, the State University of New Jersey and AFSCME Local 888. The issue is whether the Public Employment...

As November Ends …

Filings in the Appellate Division and the Supreme Court in the last few days interfered with blogging about three published opinions that the Appellate Division issued during that time. Here...

Can a Municipality be Sanctioned Under the Frivolous Litigation Statute? The Supreme Court Will Decide

The Supreme Court announced that it has granted certification in Borough of Englewood Cliffs v. Trautner. The question presented, as phrased by the Supreme Court Clerk's office, is "Is a...

State v. Jackson, 243 N.J. 52 (2020), Is Not to be Given Full Retroactivity

State v. Hand, ___ N.J. Super. ___ (App. Div. 2024). In State v. Jackson, 243 N.J. 52 (2020), the Supreme Court reversed the defendant's conviction because his counsel was barred...

Judge Jablonski is Elevated to the Appellate Division

Chief Justice Rabner announced that Judge Jablonski has been promoted to the Appellate Division. He will serve on Part A. Appointed to the Hudson County bench in 2013, Judge Jablonski...

Charity Care, A Graves Act Issue, and a Warrantless Search of an Arrestee's Vehicle at a Police Station Come Before the Supreme Court

The Supreme Court announced that it has granted certification in three new appeals. The lone civil case in that group is Englewood Hospital & Medical Center v. State of New...

Last Week in the Appellate Division

Today is Election Day, and courts are closed. That offers the opportunity to catch up with the Appellate Division, which issued three published opinions last week. Here are summaries of...

A Criminal Appeal Involving the "Duty to Retreat," and a Civil Case About the Statute of Limitations for Breach of an Installment Contract

The Supreme Court announced that it has granted certification in two new appeals. One is a criminal matter and the other a civil case. The criminal case is State v....

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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...