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

Courts Can Consider Arguments Not Raised Below in Order "To Accomplish a Just Result"

In re Robert Brown, Police Sergeant (PM0622N), City of Salem, 458 N.J. Super. 284 (App. Div. 2019). As discussed here, in general, appellate courts will not review issues that were...

Damages to a Motor Vehicle From an Accident Can Include Damages for the "Stigma" of Being in an Accident Even Though the Vehicle in Question Was Repaired to Its Pre-Accident Condition

Financial Services Vehicle Trust v. Panter, 458 N.J. Super. 244 (App. Div. 2019). This appeal actually involved four consolidated cases, all of them originating in the Small Claims Part of...

In Wrongful Death Cases, No Expert Testimony is Needed to Establish the Value of the Services of a Loved One

Dutton v. Rando, 458 N.J. Super. 213 (App. Div. 2019). In Lesniak v. County of Bergen, 117 N.J. 12 (1989), the Supreme Court stated that expert testimony is not required...

Filing a Criminal Complaint as a Means of Collecting on an Invoice is an Unconscionable Commercial Practice That Warrants Attorneys' Fees Under the Consumer Fraud Act

Jacobs v. Lindsay and Son Plumbing and Heating, Inc., 458 N.J. Super. 194 (App. Div. 2019). The defendant in this appeal, Mark Lindsay and Son Plumbing & Heating, Inc. ("MLSP")...

Volunteer Firefighter Injured in the Line of Duty Need Not Have Other Employment in Order to Receive Disability Payments

Kocanowski v. Bridgewater Tp., 237 N.J. 3 (2019). As discussed here, the Appellate Division in this case held that in order for a volunteer firefighter to receive temporary disability payments...

After a Lull, The Supreme Court Grants Review in Six Cases

It had been nearly one month, since January 18, 2019, since the Supreme Court last added cases to its docket. However, the Court has now announced grants of certification in...

The Casino Reinvestment Development Authority Cannot Condemn Land for Potential Use in the Indefinite Future

Casino Reinvestment Development Authority v. Birnbaum, 458 N.J. Super. 173 (App. Div. 2019). On January 7, 2019, the Appellate Division decided Borough of Glassboro v. Grossman, 457 N.J. Super. 416...

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In reading an unpublished Appellate Division decision recently, I learned about the "two-court rule."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...

Barring Owner of Two-Family Home From Leasing Both Units to Renters is Unlawful

Tirpak v. Borough of Point Pleasant Beach, 457 N.J. Super. 441 (App. Div. 2019). This per curiam opinion, issued today by a panel consisting of Judges Sabatino, Haas, and Sumners,...

Fee for Filing Documents Electronically in a County Register's Office Was Not Authorized by Statute or Otherwise

New Jersey Land Title Association v. Rone, 458 N.J. Super. 120 (App. Div. 2019). May a County Register or Clerk charge a surcharge or convenience fee when a document is...

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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...