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

The Supreme Court's Busy August

In the last ten days, the Supreme Court, nearing the end of its term, has issued a number of opinions. It has been hard to keep up with them all....

Catching Up With the Supreme Court

This has been a busy past ten days for the Supreme Court. Unfortunately, that busy period coincided with one of my own busy periods. So here is a very brief...

Insurer Under "Claims Made" Policy Issued to Sophisticated Insured Need Not Show Prejudice From Late Notice of Claim in Order to Disclaim Coverage

Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. 189 (2016). Insurance policies normally require insureds to provide timely notice of claims against them to their...

"[T]echnical Defects Should Not Serve to Defeat an Otherwise Valid Filing"

Vanderslice v. Stewart, 220 N.J. 385 (2015). This case arose out of a mandatory, non-binding arbitration of an auto accident. Rule 4:21A-6(b)(1) requires that a party who seeks to appeal...

The First Opinion by Justice Solomon

State v. Jaffe, 220 N.J. 114 (2014). As discussed here, the first opinion written by a new Justice is generally a unanimous decision in a relatively unexceptional case. Today, Justice Solomon, a...

The Senate Confirms Chief Justice Rabner and Judge Solomon for Supreme Court Seats

Today, the Senate voted to grant tenure to Chief Justice Rabner and to confirm Judge Solomon as an Associate Justice. This was as expected. The vote on Chief Justice Rabner...

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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 Three are from unpublished opinions of the Appellate Division, while the fourth is from a published decision in a criminal case....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...