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

The New Jersey Wiretapping Act is Held Constitutional

Today's post is a guest post by Victor N. Metallo, MAE, MBA, JD, Adj. Professor of Business Law, Montclair State University In State v. Ates, 213 N.J. 389 (2014), the...

Supreme Court Will Review Redd v. Bowman

The Supreme Court announced this morning that it has granted certification to review the decision in Redd v. Bowman, 433 N.J. Super. 178 (App. Div. 2013). The Appellate Division's decision is discussed...

Supreme Court Will Review Lippman v. Ethicon

The Supreme Court announced this morning that it has granted certification to review Lippman v. Ethicon, Inc., 432 N.J. Super. 378 (App. Div. 2013). The decision of the Appellate Division is discussed here. The...

The Supreme Court Speaks About Evidence Rule 404(b)

State v. Carlucci, 217 N.J. 129 (2014). This is another guest post by Jeffrey A. Shooman, who was then my colleague in the Appellate Practice Group of Lite DePalma Greenberg,...

The Supreme Court Grants COAH's Motion for an Extension of Time to Promulgate Third Round Rules

Today witnessed the latest event in the ongoing saga regarding third round rules for low and moderate-income housing to be adopted by the Council on Affordable Housing ("COAH"). As discussed...

No Nursing Home Act Violation, and Therefore No Consumer Fraud Act or TCCWNA Violation Either

Manahawkin Convalescent v. O'Neill, 217 N.J. 99 (2014). This comprehensive opinion by Justice Patterson for a unanimous Court ultimately boils down to this: because plaintiff, a nursing home, did not violate the...

The Supreme Court Stays the Appellate Division's COAH Mandate

As discussed here, on March 7, the Appellate Division directed the Council on Affordable Housing ("COAH") to meet on an expedited basis and adopt third round rules regarding municipal shares of...

A Public Access Anniversary

On March 7, 2007, the Supreme Court decided Tarus v. Borough of Pine Hill, 189 N.J. 497 (2007). In a unanimous opinion by Justice Zazzali, the Court issued a ringing pronouncement...

An Unpublished Opinion Saves the Day for an Insurance Company

Badiali v. New Jersey Manufacturer's Insurance Group, 220 N.J. 544 (2015). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represents New Jersey Manufacturers Insurance Company in certain litigation, but the firm...

Supreme Court Civil Practice Committee Report Recommends Changes to the Appellate Rules

The 2014 Report of the Supreme Court Civil Practice Committee has been issued. The Committee has recommended changes to certain appellate rules. Other changes proposed to the Committee were not recommended. The...

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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...