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

Justice Timpone to be Publicly Sworn in Today

The Supreme Court announced that there will be a public swearing-in ceremony for Justice Timpone today at 5 P.M. The ceremony will take place in the atrium of the Seton...

"Cumulative Error" Results in Reversal of a Plaintiffs' Jury Verdict

Torres v. Pabon, 225 N.J. 167 (2016). As Justice Patterson explained in her decision today for a unanimous Supreme Court, "cumulative error" exists when "the aggregate effect of a series...

When a Bus Company Won a Constitutional Challenge to a Tax, But Still Lost

Thiry years ago today, the Supreme Court decided Continental Trailways, Inc. v. Director, Div. of Motor Vehicles, 102 N.J. 526 (1986). Trailways, a large bus company, sued to declare New Jersey's...

An Important Religion Case for the Supreme Court

American Civil Liberties Union of New Jersey v. Hendricks, 445 N.J. Super. 452 (App. Div. 2016). In 1978, the Supreme Court decided Resnick v. East Brunswick Bd. of Educ., 77...

"All I Really Need to Know I Learned in Kindergarten" and the New Jersey Supreme Court Committee on Character

In 1989, Robert Fulghum came out with a book titled "All I Really Need to Know I Learned in Kindergarten." The book became a best-seller. It contained such wisdom as...

45 Years Since Donadio v. Cunningham

In the federal system, Justice Brandeis' concurrence in Ashwander v. TVA, 297 U.S. 288 (1936), has been the source most often cited for the principle that courts will avoid reaching...

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...

Pleading Standards in Putative Class Actions in New Jersey State Courts

Baskin v. P.C. Richard & Son, LLC, ___ N.J. ___ (2021). [Disclosure: I am one of the counsel for the successful plaintiffs in this matter]. In this case, the Appellate...

Supreme Court Will Review Firemen's Association OPRA Case

The Supreme Court announced on Friday that it had granted review in In re New Jersey State Fireman's Ass'n Obligation to Provide Relief Application, 443 N.J. Super. 238 (App. Div....

Just Call Him Justice Timpone

With breathtaking speed, Walter Timpone, whom Governor Christie, in a surprise move, nominated to the Supreme Court on April 11, and who cleared the Senate Judiciary Committee last Thursday with...

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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...