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

A Treatise on Personal Jurisdiction From Judge Lihotz

Dutch Run-Mays Draft, LLC v. Wolf Block, LLP, 450 N.J. Super. 590 (App. Div. 2017). Issues of personal jurisdiction crop up fairly frequently, despite New Jersey's settled principle of applying...

Despite Girsh v. Jepson, A District Court Need Not Always Determine the Best Potential Recovery in Order to Approve a Class Action Settlement

Halley v. Honeywell International, Inc., 861 F.3d 481 (3d Cir. 2017). This was an environmental contamination class action involving lands in Jersey City, New Jersey. After "five years of extensive...

"Learned Professional" Exception to Consumer Fraud Act Exempts Providers of Ambulance Services

Atlantic Ambulance Corp. v. Cullum, 451 N.J. Super. 247 (App. Div. 2017). In her first published opinion for the Appellate Division since her elevation, Judge Mayer today addressed consolidated putative...

Literal Reading of Police and Fire Public Interest Arbitration Reform Act on Applicability of Cap on Arbitration Awards Would Yield Absurd Results, so the Appellate Division Rejects That Outcome

In re State of New Jersey and Fraternal Order of Police Lodge 91, 450 N.J. Super. 286 (App. Div. 2017). In her opinion for the Appellate Division today, Judge Reisner...

DEP Has the Power to Condemn Property, Take Perpetual Easements to Protect the Shore, and Allow Public Access to Easement Areas

State of New Jersey, Department of Env. Protection v. North Beach 1003, LLC, 451 N.J. Super. 214 (App. Div. 2017). Beach access has long been an important and controversial issue...

"Reasonable Expectations of the Insured" Did Not Defeat Clear Policy Exclusion of "Insured vs. Insured" Claims

Abboud v. National Union Fire Ins. Co., 450 N.J. Super. 400 (App. Div. 2017). This opinion by Judge Ostrer interpreted an "insured vs. insured" exclusion in a directors and officers...

OPRA Covers Electronically Stored Information, Including Fields in E-Mails

Paff v. Galloway Tp., 229 N.J. 340 (2017). In this OPRA case, as discussed here, plaintiff sought to obtain copies of fields in e-mails sent by the Galloway Township Clerk...

Plaintiffs' Creative Arguments Did Not Overcome the Language of Insurance Policies That Precluded Coverage

Gil v. Clara Maass Medical Center, 450 N.J. Super. 368 (App. Div. 2017). This was a medical malpractice case. The appeal, however, resulted from the Law Division's grant of summary...

State Comptroller Need Not Give Reasons for Auditing Local Government Units

Larkins v. Solter, 450 N.J. Super. 519 (App. Div. 2017). The Office of the State Comptroller ("OSC") was established by the Legislature in 2007, in order to subject governmental financial...

No Attorneys' Fees Under OPRA Where Requested Documents Were Produced Before OPRA Lawsuit Was Filed

Stop & Shop Supermarket Co., LLC v. County of Bergen, 450 N.J. Super. 286 (App. Div. 2017). The Open Public Records Act, N.J.S.A. 47:1A-1 to -13 ("OPRA"), permits suits for...

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The Third Circuit Returns to New Jersey Appellate Law Blog

When this blog began, in October 2010, it covered goings-on in the Supreme Court of New Jersey, the Appellate Division, and the Third Circuit Court of Appeals, with occasional posts about the Supreme Court of the United States. That continued for many years. More recently, however, it became too difficult to keep up with all of those three courts, and coverage of the Third Circuit disappeared virtually entirely. But since the Supreme Court and the Appellate Division have not published many decisions recently (a circumstance that is certain to change shortly), this blog will resume covering the Third Circuit at least on occasion, beginning today....

Contracts for Lifetime Employment: An Anniversary

On this date in 1952, the Supreme Court issued its opinion in Savarese v. Pyrene Manufacturing Co., 9 N.J. 595 (1952). Justice Wachenfeld's decision for a 5-0 Court remains the leading authority on whether and when employment contracts for life are enforceable....

A New Batch: Five More Appeals for the Supreme Court

The Supreme Court announced that it has granted review in five more appeals. On of those matters is before the Court on leave to appeal. In the others, the Court granted certification....

Three Days, Three Published Appellate Division Decisions on Suppression Motions in Criminal Cases

Each of the last three days saw the Appellate Division issue one published opinion in a criminal appeal. Here are summaries of those rulings:...