NJ Appellate Law Blog

Class of Kia Vehicles Owners Was Entitled to Damages Based on Aggregate Figures Rather Than Individual Damage Assessments

Little v. Kia Motors America, Inc., 455 N.J. Super. 411 (App. Div. 2018). Class actions notoriously take a long time. But the case in which Judge Koblitz issued a decision...

Res Ipsa Loquitur and Elevator Doors

McDaid v. Aztec West Condominium Association, 234 N.J. 130 (2018). As Jutice Albin stated in the first two sentences of today's opinion for a unanimous Supreme Court, "Res ipsa loquitur...

As the End of the Term Nears, The Supreme Court Takes Two More Cases

The Supreme Court announced that it has granted review in two more cases. In Zimmerman v. Sussex County Educational Services Commission, the question presented, as phrased by the Supreme Court...

McCarrell Choice of Law Analysis Goes Against Legal Malpractice Plaintiff

MTK Food Services, Inc. v. Sirius America Ins. Co., 455 N.J. Super. 307 (App. Div. 2018). In McCarrell v. Hoffman-LaRoche, Inc., 227 N.J. 569 (2017), discussed here, the Supreme Court...

No "Dead End" for New Jersey Civil Rights Act Plaintiff, So Her NJCRA Claim Fails

Harz v. Borough of Spring Lake, 234 N.J. 317 (2018). The New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 ("NJCRA") is, in general, the New Jersey analog to the...

The Supreme Court Will Take Up a DNA Case

The Supreme Court has added one more case to its docket. That case is State v. Camey, in which the Court granted leave to appeal. The question presented, as phrased...

Mark Neary, Clerk of the Supreme Court, Will Retire

Mark Neary, who has served as Clerk of the Supreme Court for over nine years, will retire in November of this year. A search is on for his replacement. A...

The Common Law Continues to Evolve, and a Tort Duty May Consequently be Expanded

G.A.-H. v. K.G.G., 455 N.J. Super. 294 (App. Div. 2018). An emergency medical technician ("EMT"), designated as "Kenneth" in today's opinion by Judge Fisher, engaged in an unlawful sexual relationship...

"Time of Application" Rule for Development Kicks in When All Documents Required by Ordinance Are Submitted

Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 233 N.J. 546 (2018). In a development application under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. ("MLUL"), the law...

Another Criminal Case, and Two Cases Involving Civil Claims by Police Officers, Will Get Supreme Court Review

The Supreme Court has announced that it has granted review in three more cases. Two of them resulted from unpublished Appellate Division rulings in cases where police officers are 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....