NJ Appellate Law Blog

The Two-Court Rule

In reading an unpublished Appellate Division decision recently, I learned about the "two-court rule." That rule, which dates back at least as far as a 1949 Supreme Court of the...

A New Test for Defining "Merchandise" Under the Consumer Fraud Act

All the Way Towing, LLC v. Bucks County International, Inc., 236 N.J. 431 (2019). Plaintiffs (an individual and his company, treated as one plaintiff here) purchased a customized tow truck...

The Supreme Court Grants Certification in Five Cases

Late last Friday, the Supreme Court announced that it has granted certification in five more cases. There are four civil appeals and one criminal matter. The criminal case is actually...

Another Less-Than-Direct Way of Trying to Impose an Arbitration Scheme Fails

Skuse v. Pfizer, Inc., 457 N.J. Super. 539 (App. Div. 2019). Sometimes, the first sentence of a judicial opinion tells you all you need to know about the result, even...

"Extraordinary Circumstances" Called for Permission to File Late Notice of Tort Claim

O'Donnell v. New Jersey Turnpike Authority, 236 N.J. 335 (2019). Under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. ("TCA"), a person who wishes to file a tort...

65 Years Since In re Plainfield-Union Water Co.

On this date in 1954, the Supreme Court decided In re Plainfield-Union Water Co., 14 N.J. 296 (1954). Along with Handlon v. Town of Belleville, 4 N.J. 99 (1950), discussed...

"Confusing," "Contradictory," and "Obscure" Provision of Consumer Contract Claimed to Mandate Arbitration is Held Not to Do So

Kernahan v. Home Warranty Administrator of Florida, Inc., 236 N.J. 301 (2019). When the Supreme Court grants review based on a particular issue raised by the petitioner, but the petitioner...

The Supreme Court Answers Certified Questions About the Ticket Resale Law

Finkleman v. National Football League, 236 N.J. 280 (2019). This opinion by Justice Patterson today answers certified questions posed by the Third Circuit Court of Appeals arising out of a...

Drug Court and Expungements

In re Expungement of Arrest-Charge Records of T.B., 236 N.J. 262 (2019). Today, the Supreme Court issued its first opinion of 2019, a unanimous ruling by Chief Justice Rabner. The...

Judicial Estoppel Applies in Spill Act Cases

Terranova v. General Electric Pension Trust, 457 N.J. Super. 404 (App. Div. 2019). Judge Moynihan's opinion in this New Jersey Spill Compensation and Control Act case today addresses whether the...

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Appellate Division Oral Argument of the Week: What Effect Does the Federal Ending Forced Arbitration Act Have in a Hostile Work Environment Case?

Tomorrow, September 16, judges on Part B of the Appellate Division will hear oral argument in Cintron v. Brink's, Incorporated. That is a hostile work environment case brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq....

Two Criminal Appeals and Two Eminent Domain Cases for the Supreme Court

The Supreme Court announced that it has granted review in four new cases. Two of them are criminal matters. The other two involve eminent domain issues. One of the criminal appeals is before the Court on leave to appeal, the second grant of leave to appeal in the current Term. The Court granted certification in the other three matters....

Appellate Division Oral Argument of the Week: Can the Borough of Caldwell Recoup Payment for Professional Services That it Previously Made?

Tomorrow, September 11, a panel of judges on the Appellate Division's Part B will hear oral argument in Borough of Caldwell v. Cozzarelli-Cirminiello Architects, LLC. The case is before the Appellate Division following the grant of defendant's motion for leave to appeal the denial of its motion to dismiss the Complaint....

The First Published Appellate Division Opinion of the 2025-26 Term

Alcantara v. Moro, ___ N.J. Super. ___ (App. Div. 2025). Judge Smith authored this opinion for the Appellate Division, that court's first published opinion of the new Term. The appeal was from a final decision of the Commissioner of the New Jersey Department of Education that the School Funding Reform Act, N.J.S.A. 8A:7F-43 et seq. ("SFRA"), was constitutional as applied to the Township of Lakewood....