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

A Huge "Asbestos in Talc" Jury Verdict is Reversed on Appeal

Lanzo v. Cypress Amax Minerals Co., ___ N.J. Super. ___ (App. Div. 2021). This appeal arose out of plaintiffs' claim that plaintiff Steven Lanzo III had contracted mesothelioma from his...

Attorneys Whose Retainer Agreements Include Mandatory Arbitration for Malpractice Claims or Fee Disputes Must Explain the Arbitration Clause to the Client Up Front

Delaney v. Dickey, ___ N.J. ___ (2020). Justice Albin's opinion for a unanimous Supreme Court in this case today is an important one for attorneys and their clients. The Court...

Two by Judge Fisher

Ippolito v. Ippolito, ___ N.J. Super. ___ (App. Div. 2020); Garden State Investment v. Township of Brick, ___ N.J. Super. ___ (App. Div. 2020). Each of the last two days...

Parochial School That Fired Pregnant Teacher for Premarital Sex May Have Violated the LAD

Crisitello v. St. Theresa School, 465 N.J. Super. 223 (App. Div. 2020). This decision under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. ("LAD"), was the second time...

The Tort of Intrusion Upon Seclusion

Friedman v. Martinez, 242 N.J. 450 (2020). The Torts class in the first year of law school deals with, among other things, the tort of intrusion upon seclusion. It is...

Determining "The Least Blameworthy of Two Competing Wrongs"

LVNV Funding, LLC v. DeAngelo, 464 N.J. Super. 103 (App. Div. 2020). What does a court do when each party is, for different reasons, in the wrong? That is the...

Making Up Ground

Due to a personal matter, there have been no posts on this blog since June 2. This post will summarize some of the decisions from our appellate courts since that...

Five More Cases for the Supreme Court

The Supreme Court announced that it has granted certification in five new cases. Two of them involve published opinions of the Appellate Division. Delanoy v. Township of Ocean resulted in...

Three More Supreme Court Grants of Certification

The Supreme Court announced that it has granted certification in three more cases. Two of them are criminal matters. The third addresses labor and constitutional law issues. The labor appeal...

A "Must Read" Supreme Court Opinion About Attorney Retainer Agreements

Balducci v. Cige, 240 N.J. 574 (2020). In this case, as discussed here, the Appellate Division invalidated a retainer agreement in an opinion reported at 456 N.J. Super. 219 (App....

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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...