NJ Appellate Law Blog

The TCCWNA and Towing Companies

Pisack v. B&C Towing, Inc., 455 N.J. Super. 225 (App. Div. 2018). This decision by Judge Gilson today in three consolidated appeals implicates the Predatory Towing Prevention Act, N.J.S.A. 56:13-7...

Slightly Different Facts Produce Opposite Results in Two Somewhat Similar Cases

Bowser v. Board of Trustees, Police and Firemens Retirement System, 455 N.J. Super. 165 (App. Div. 2018); Mattia v. Board of Trustees, Police and Firemens Retirement System, 455 N.J. Super....

Ten Days Until Summer in the Appellate Division

According to the solar calendar, summer formally begins on June 21. But the Appellate Division begins its summer schedule on June 18, as reflected in the summer Part schedule published...

Entire Controversy Doctrine Inapplicable to Teacher Tenure Charge

Yarborough v. State Operated School District of the City of Newark, 455 N.J. Super. 136 (App. Div. 2018). Plaintiff, a third-grade teacher in the Newark public schools, faced a conduct-unbecoming...

A Lesson From Judge Geiger About Clarity in Attorney Time Entries

Giarusso v. Giarusso, 455 N.J. Super. 42 (App. Div. 2018). This opinion by Judge Geiger today involved an application for attorneys' fees in a matrimonial matter by a well-known North...

OPRA Requires Disclosure of the Names of Successful Bidders at Public Auctions of Government Property

Brennan v. Bergen County Prosecutor's Office, 233 N.J. 330 (2018). This opinion by Chief Justice Rabner, for a unanimous Supreme Court, addressed an issue that arose under the Open Public...

OPRA Requestor Rights are Not Limited to Citizens of New Jersey

Scheeler v. Atlantic County Municipal Joint Insurance Fund, 454 N.J. Super. 621 (App. Div. 2018). This opinion by Judge Reisner was yet another case (actually, consolidated cases, which reached different...

A Sidewalk Liability Case Involving a Vacant Church

Ellis v. Hilton United Methodist Church, 455 N.J. Super. 33 (App. Div. 2018). The opinion in this case, issued today, involved a slip and fall on a sidewalk that abutted...

When Does the FDCPA Statute of Limitations Begin to Run? The Circuit Courts Now Disagree.

Rotkiske v. Klemm, 890 F.3d 422 (3d Cir. 2018). The Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq. ("FDCPA"), states that an action to enforce liability thereunder may...

Complaint as to Issuance of Bonds for Statehouse Renovation Was Moot, But Failed on the Merits Regardless

Wisniewski v. Murphy, 454 N.J. Super. 508 (App. Div. 2018). In 2017, the State Capitol Joint Management Commission ("JMC") resolved to renovate the Statehouse, the building that houses (among other...

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The Final Catch-Up Post: Three Published Appellate Division Decisions

To bring things current, this post summarizes three published Appellate Division opinions that were issued in the recent period. The subject matter of these ruling ranged from construing a Court Rule about reconsideration to applying the Prevention of Domestic Violence Act ("PDVA") to determining whether the Attorney General's office was required to defend and indemnify a Deputy Chief Assistant Prosecutor facing an attorney disciplinary proceeding that arose out of his official duties....

Three Supreme Court Decisions to Catch Up On

This is the second post that catches up with appellate developments last week and this week. The Supreme Court issued rulings in three cases during that period. Two of those appeals involved unanimous opinions. The third engendered a relatively rare 5-2 split among the Justices. Here are summaries:...

Three More Criminal Appeals for the Supreme Court

Much of last week was consumed by a sojourn in Hershey, PA for the Third Circuit Judicial Conference, a very enjoyable and educational experience. As a result, it's time for some catching up. Today's is the first such post....

Statutory Ban on Retroactive Reduction of Court-Ordered Child Support is Inapplicable to Reductions Based on a Child's Emancipation

Bournes v. Harris, ___ N.J. Super. ___ (App. Div. 2026). This post-dissolution appeal from the Family Part involved several questions arising out of a Marital Settlement Agreement ("MSA") entered in a Texas court. In an opinion by Judge Firko, the Appellate Division affirmed a ruling by Judge Lougy, whom the panel identified by name, that New Jersey courts had jurisdiction to enforce and to modify the Texas MSA, and that Judge Lougy properly enforced arrears....