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

Reconsideration Motion Was Not Timely "Served," and Court Thus Had No Subject Matter Jurisdiction Over It

Murray v. Comcast Corp., 457 N.J. Super. 464 (App. Div. 2019). In this employment case, the issue was whether the Law Division had subject matter jurisdiction to entertain a motion...

Drug Court and Expungements

In re Expungement of Arrest-Charge Records of T.B., 236 N.J. 262 (2019). Today, the Supreme Court issued its first opinion of 2019, a unanimous ruling by Chief Justice Rabner. The...

When Can a Municipality or Local Redevelopment Agency Condemn Property as "Necessary for [a] Redevelopment Project"?

Borough of Glassboro v. Grossman, 457 N.J. Super. 416 (App. Div. 2019). The Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -49 ("LRHL") allows municipalities or redevelopment agencies to acquire...

Judicial Estoppel Applies in Spill Act Cases

Terranova v. General Electric Pension Trust, 457 N.J. Super. 404 (App. Div. 2019). Judge Moynihan's opinion in this New Jersey Spill Compensation and Control Act case today addresses whether the...

Judge Koblitz Instructs About How to Conduct Non-Dissolution, "FD," Child Custody Proceedings

J.G. v. J.H., 457 N.J. Super. 365 (App. Div. 2019). Though many cases involving child custody arise out of divorce proceedings, other such cases occur in other settings. In the...

Receiver of a Defrauded Entity May Initiate Arbitration Even if Entity's Shareholders Will Ultimately Benefit From Any Recovery

Interactive Brokers, LLC v. Barry, 457 N.J. Super. 357 (App. Div. 2018). This final post of 2018 features an opinion issued today by Judge Currier. The case arose out of...

Trial Judges Have Discretion to Replay Counsel's Summations Upon a Jury's Request

State v. Brown, 457 N.J. Super. 345 (App. Div. 2018). Deliberating jurors often request that trial testimony be read back to them. As Judge Sabatino noted n his opinion in...

Equitable Distribution of Restricted Stock in a Divorce

M.G. v. S.M., 457 N.J. Super. 286 (App. Div. 2018). As Judge Mawla stated in his opinion in this case today, "[i]ncreasingly, executive compensation has been achieved through means other...

As 2018 Winds Down, the Supreme Court Adds Six More Cases

The Supreme Court announced that it has granted certification in six more cases as 2018 is coming to a close. As is often the case, the new appeals represent a...

The 1,500th Post- Making up a December Deficit

A major Appellate Division argument, appellate briefing, and other work has interfered with keeping up with the courts during December. So it's time for one of this blog's periodic "catch-up"...

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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...