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

Appellate Division Oral Argument of the Week: The School Ethics Act vs. The First Amendment

Tomorrow, October 29, judges on Part F will hear oral argument in Donnerstag v. Koenig. The appeal is from a decision of the School Ethics Commission. The case arose from...

A New Required Certification for Appellate Briefs

The Supreme Court's September 4, 2024 Order providing for the posting online of most Appellate Division and Supreme Court briefs in argued cases, discussed here, has led to an interim...

Appellate Division Oral Argument of the Week: Is It a Design Defect for an Auto Manufacturer Not to Include Available Safety Technology in a Particular Model of Vehicle?

On Tuesday, October 22, judges on Part E will hear oral argument in Berkoski v. Honda Motor Co. Ltd. The briefing on that appeal, which has been taken from the...

Appellate Division Oral Argument of the Week: Must the Attorney General's Office Indemnify and Defend a County Prosecutor's Office in a Case Where Only Non-Monetary Relief is Sought?

Tomorrow morning, Wednesday, October 16, Part D will hear oral arguments in Monmouth County Prosecutor's Office v. Office of the Attorney General Department of Law and Public Safety. The appeal...

An Ex Post Facto/Parole Case for the Supreme Court

The Supreme Court announced that it has granted certification in Krug v. New Jersey State Parole Bd. The question presented, as phrased by the Supreme Court Clerk's office, is "Does...

Three Basic Appellate Principles From a Recent Unpublished Opinion

At this time of the year, published decisions from the Supreme Court and the Appellate Division are few and far between, as the new Term is barely one month old....

Some Changes to the Appellate Division's Part C

Judge Vernoia will reach the mandatory retirement age of 70 on October 11. In light of that, Chief Justice Rabner announced that Judge Mawla will become Presiding Judge of Part...

Appellate Division Oral Arguments of the Week: Three Attorneys' Fee Appeals

This week's oral argument of the week comprises appeals involving awards of attorneys' fees in three different cases. In two of the cases, appellants argue that fee awards should be...

Appellate Division Oral Argument of the Week: Can Sea Bright Seek to Withdraw From the Oceanport School District and Join a Different District?

On Tuesday, October 1, judges on Part F will hear oral argument in In the Matter of the Verified Petition for the Proposed Creation of a PK-12 All-Purpose Regional School...

The Supreme Court Will Take Up the Jersey City Ward Map Case

The Supreme Court announced today that it has granted certification in Jersey City United Against the New Ward Map v. Jersey City Ward Comm'n. The question presented, as phrased by...

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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...