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

An Assortment of New Cases Get Supreme Court Review

The Supreme Court announced that it has granted review in four more cases. Three of them involve grants of certification. In the fourth appeal, the Court accepted a certified question...

The Supreme Court Loads Up on New Appeals

The Supreme Court usually adds new appeals in relatively small groups. But its latest tranche of grants of review consists of eight new cases, implicating numerous different area of the...

Busy Days at the Third Circuit, Part 2

Yesterday's post noted that the Third Circuit has published a number of opinions in recent days. Here are summaries of some more of those opinions, all of which emanate from...

A Trio of Published Opinions From the Appellate Division Today

Last week, the Appellate Division issued four published opinions on a single day, as discussed here. Today, the court released three published decisions. Here are summaries of those opinions: New...

The Supreme Court Takes Up Two Published Appellate Division Cases and a Key Hoboken Land Use Ruling

The Supreme Court announced late yesterday that it has granted certification in three cases. Two of the matters produced published opinions in the Appellate Division. The first of those is...

The Port Authority of New York and New Jersey is Subject to New Jersey Arbitration Statutes

The Port Authority of New York and New Jersey v. The Port Authority of New York and New Jersey Police Benevolent Ass'n, 459 N.J. Super. 278 (App. Div. 2019). Today's...

A Busy Few Weeks for the Appellate Division

In the last several weeks, this blog has largely focused on Supreme Court decisions and grants of review. That was not meant to slight the Appellate Division, whose judges have...

No Surprise: The U.S. Supreme Court Says "Ambiguous" Arbitration Agreements Do Not Permit Class Arbitration

Lamps Plus, Inc. v. Varela, 139 S. Ct. 407 (2019). In Stolt-Nielsen, S.A. v. AnimalFeedsInt'l Corp., 559 U.S. 662 (2010), the Supreme Court of the United States, by a 5-3...

Judge Nugent Reminds Us That Rule 4:23-5's Requirements Must be "Scrupulously Followed and Technically Complied With"

Salazar v. MKGC + Design, 458 N.J. Super. 551 (App. Div. 2019). In Thabo v. Z Transp., 452 N.J. Super. 359 (App. Div. 2017), discussed here, the Appellate Division made...

Two More Criminal Cases, and Another Arbitration Case, for the Supreme Court

The Supreme Court announced today that it has granted certification to review three cases. Two of them are criminal appeals. The third is another case involving an arbitration agreement. The...

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Appellate Division Published Opinions During and After Its Recess

The final day of the Appellate Division's two-week recess was April 25. On that date, the Appellate Division issued a published opinion. Two more published opinions followed during the current week. Here are summaries of those opinions....

"Ethics in Appellate Practice" Seminar at the NJSBA Annual Meeting on May 15

I will be moderating a panel titled "Ethics in Appellate Practice" that will help kick off Day 2 of the New Jersey State Bar Association Annual Meeting on May 15. The presentation will be from 8:45-10 AM. It will feature Judge Gummer of the Appellate Division and distinguished appellate practitioners with experience in and perspectives on ethics in the appellate context from both the plaintiffs' and the defendants' sides....

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....