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

Attorney General May Not Enforce Subpoenas Related to False Claims Act Case in Which Attorney General Previously Declined to Intervene

In re Enforcement of New Jersey False Claims Act Subpoenas, 444 N.J. Super. 566 (App. Div. 2016). The New Jersey False Claims Act, N.J.S.A. 2A:32C-1 to -15, -17, and -18...

Some Appellate Division Insights From Judge Fisher

Last night's meeting of the New Jersey State Bar Association's Appellate Practice Committee featured Judge Fisher. He took questions and discussed various issues of practice and the preferences of Appellate...

More Fun for Judge Fisher as He Affirms a Denial of Arbitration

Morgan v. Raymours Furniture Co., 443 N.J. Super. 338 (App. Div. 2016). Today, Judge Fisher issued the first published Appellate Division decision of 2016. Recently, Judge Fisher wrote an opinion...

Court Rules Judge Clarkson Fisher Judge Douglas Wolfson Judge Garry Rothstadt Judge Marianne Espinosa

The Supreme Court of New Jersey Committee on Character evaluates applicants to the New Jersey Bar for their current character and fitness to practice law. [Disclosure: I was a member...

The 1,000th Post: A Rare Published Affirmance on the Opinion Below

In re Adoption of Monroe Tp. Housing Element and Fair Share Plan, 442 N.J. Super. 563 (App. Div. 2015). Many intermediate appellate courts frequently issue opinions that affirm on the...

Humpty Dumpty and Joyce Kilmer, Together, Thanks to Judge Fisher

Freedman v. Sufrin, 443 N.J. Super. 128 (App. Div. 2015). This opinion by Judge Fisher today involved the proper interpretation of a restrictive covenant that purported to restrict the removal...

A Summary Contempt Proceeding Goes Awry

Ippolito v. Ippolito, 445 N.J. Super. 1 (App. Div. 2015). This opinion by Judge Fisher today involved an appeal from a summary contempt proceeding. Counsel for plaintiff in this matrimonial...

Another Attempt to Compel Arbitration Based on Inadequate and Unclear Documents Fails

Barr v. Bishop Rosen & Co., Inc., 442 N.J. Super. 599 (App. Div. 2015). Both before and after Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (2014), cert....

The Seventh Circuit Rejects Carrera Ascertainability, and Cites Judge Fisher With Approval

Regular readers of this blog have seen frequent criticism of the class action "ascertainability" doctrine espoused by Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013). Recently, as discussed...

The Appellate Division Lineup for 2015-16

Chief Justice Rabner has issued the General Assignment Order for 2015-16. The full Order, whose assignments take effect on September 1, 2015, can be viewed here. As far as the Appellate Division...

1 2 3 4 5 678 9 10 11 12…Last

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...