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

The Appellate Division Confesses Error

State v. Berisha, 458 N.J. Super. 105 (App. Div. 2019). None of us likes to admit our mistakes. That includes judges, of course, though judges sometimes do change their minds,...

A New Test for Defining "Merchandise" Under the Consumer Fraud Act

All the Way Towing, LLC v. Bucks County International, Inc., 236 N.J. 431 (2019). Plaintiffs (an individual and his company, treated as one plaintiff here) purchased a customized tow truck...

Converting a Non-Precedential Appellate Opinion Into a Precedential One

In both the Appellate Division and the Third Circuit Court of Appeals, most opinions issued are not precedential. Sometimes, however, parties wish to have a not precedential opinion changed to...

The Supreme Court Grants Certification in Five Cases

Late last Friday, the Supreme Court announced that it has granted certification in five more cases. There are four civil appeals and one criminal matter. The criminal case is actually...

Legislative Silence About Statute of Limitations When Amending Statute Did Not Effect Reduction of Prior Limitations Period

The Plastic Surgery Center, PA v. Malouf Chevrolet-Cadillac, Inc., 457 N.J. Super. 565 (App. Div. 2019). This opinion today by Judge Fisher was so legal issue-intensive that he found that...

Another Less-Than-Direct Way of Trying to Impose an Arbitration Scheme Fails

Skuse v. Pfizer, Inc., 457 N.J. Super. 539 (App. Div. 2019). Sometimes, the first sentence of a judicial opinion tells you all you need to know about the result, even...

Appellate Practice Insights From Judge Vernoia

The guest speaker at last night's meeting of the NJSBA Appellate Practice Committee was Judge Vernoia. He offered some of his thoughts and insights about appellate practice and answered questions...

"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...

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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...