NJ Appellate Law Blog

"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...

Trial Judges Have Discretion to Replay Counsel's Summations Upon a Jury's Request

State v. Brown, 457 N.J. Super. 345 (App. Div. 2018). Deliberating jurors often request that trial testimony be read back to them. As Judge Sabatino noted n his opinion in...

An Anniversary in Supersedeas Bond Law

There are very few cases that discuss Rules 2:9-5 or 2:9-6, the rules dealing with supersedeas bonds. One of those cases, Courvoisier v. Harley Davidson of Trenton, Inc., 162 N.J....

As 2018 Winds Down, the Supreme Court Adds Six More Cases

The Supreme Court announced that it has granted certification in six more cases as 2018 is coming to a close. As is often the case, the new appeals represent a...

The 1,500th Post- Making up a December Deficit

A major Appellate Division argument, appellate briefing, and other work has interfered with keeping up with the courts during December. So it's time for one of this blog's periodic "catch-up"...

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In Primary Election Dispute, the Supreme Court Declines to Rewrite Election Laws to Create Remedies Not Afforded by Those Statutes

Johnson v. Wilkerson, ___ N.J. ___ (2025). Chief Justice Rabner's opinion for a unanimous Court follows on the Court's September 19, 2025 Order that upheld a ruling by Judge Sabatino in an emergent appeal by a candidate for a Roselle council seat. That Order stated that an opinion would follow....

Appellate Division Oral Argument of the Week: Two Well-Known Law Firms Face Off Against Each Other, as Parties

Tomorrow, October 28, judges on Part E of the Appellate Division will hear oral argument in Nagel Rice, LLP v. Starkey, Kelly, Kenneally, Cunningham & Turnbach. It is relatively rare for one law firm to sue another, but that has occurred here....

Two Certified Question Cases From the Third Circuit, and a Related Grant of Leave to Appeal, for the Supreme Court

The Supreme Court announced that it has granted review in three new matters. Two of them involve questions certified to the Court by the Third Circuit Court of Appeals, under Rule 2:12A. It is relatively rare for the Court to receive, and rarer for it to grant, petitions to decide certified questions, and it appears unprecedented for the Court to have granted review in two such cases at the same time. The other new case is a grant of leave to appeal to address one of the same issues presented in one of the certified question matters....

Still Another Committee on Character Anniversary

This blog has in the past noted anniversaries of Supreme Court decisions involving appeals from the Court's Committee on Character, on which I served for fifteen years. Today is another such anniversary, as on October 22, 1997, the Court decided In re Triffin, 151 N.J. 510 (1997)....