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

The First Supreme Court Opinion of the Current Term

Dennehy v. East Windsor Regional Bd. of Educ., 252 N.J. 201 (2022). As discussed here, this case involved an injury to a high school field hockey player at an informal...

The Underinsured Motorist Coverage Requirement of the Transportation Network Company Safety and Regulatory Act Does Not Apply to Food Delivery Services

Malzberg v. Josey, 473 N.J. Super. 537 (App. Div. 2022). Here is how Judge Susswein's opinion for the Appellate Division in this case described the purely legal issue presented. "This...

The Supreme Court Overrules New Jersey's "New Business" Rule That Barred New Businesses From Seeking Lost Profits Damages

Schwartz v. Menas, 251 N.J. 556 (2022). [Disclosure: I argued this case for the successful plaintiffs, having handled the appeal along with co-counsel, Giovanni DePierro of DePierro Radding]. In 1936,...

Insurance Policy Exclusion Was Clear and Did Not Require a Causal Relationship

Norman International, Inc. v. Admiral Ins. Co., 251 N.J. 538 (2022). This case arose out of an injury to an employee of Home Depot in Nassau County, New York while...

Insurance, Attorneys' Fees in a Common Law Right of Access to Public Documents Case, and Expungement Under the Cannabis Act Will be Before the Supreme Court

The Supreme Court announced that it has granted review in three new cases. Two of them, both civil matters, were grants of certification. The third appeal, a criminal case, is...

Tolling of Statute of Limitations for Claims by Minors Does Not Apply to Minors Who Have Died, and on Whose Behalf a Wrongful Death Case is Brought

Monk v. Kennedy University Hospital, Inc., 473 N.J. Super. 178 (App. Div. 2022). This opinion today by Judge Berdote Byrne is, I believe, her first published decision for the Appellate...

Common Law Rescue Doctrine Does Not Extend to Rescue of Property, as Opposed to People

Samolyk v. Berthe, 251 N.J. 732 (2022). As discussed here, this case involved a set of facts in which one of the plaintiffs jumped into a lagoon to rescue their...

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...

The "Sham Affidavit Doctrine" in an Unusual Context

Metro Marketing, LLC v. Nationwide Vehicle Assurance, Inc., ___ N.J. Super. ___ (App. Div. 2022). As discussed here, the "sham affidavit doctrine" holds that a party opposing summary judgment cannot...

The Supreme Court Takes Up Two More Cases, One Civil and One Criminal

The Supreme Court announced that it has granted certification in two new cases. One is a civil matter, in which a two-judge Appellate Division panel issued an unpublished per curiam...

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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...