NJ Appellate Law Blog

"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...

Undoing "Subtle Misinterpretations of … Longstanding Jurisprudence" Regarding Preliminary Injunctions in the Third Circuit

Reilly v. City of Harrisburg, 858 F.3d 173 (3d Cir. 2017). This case involved claims by plaintiffs that an ordinance of the City of Harrisburg unconstitutionally deprived them of the...

"The Record on Appeal" at the NJSBA Annual Meeting

Today's seminar, which was sponsored by the NJSBA Appellate Practice Committee, took up the important topic of the record on appeal. Judge Messano, who headed up the panel, began by...

A Guardian of a Child Who Did Not Intervene to Stop Severe Corporal Punishment by the Child's Mother is Guilty of Abuse and Neglect

New Jersey Division of Child Permanency & Protection v. J.L.G., 450 N.J. Super. 113 (App. Div. 2015), aff'd o.b., 229 N.J. 113 (2017). This abuse and neglect case resulted in...

A Relatively Rare Exercise of Original Jurisdiction by the Appellate Division

Royal Tax Lien Services, LLC v. Shuaib, 2017 WL 1955269 (App. Div. May 11, 2017). Rule 2:10-5 authorizes an appellate court to exercise "such original jurisdiction as is necessary to...

A Violation of a Regulation Can be "Knowing" Even if There is No Judicial Decision Saying So at the Time of the Conduct at Issue

Allstate Ins. Co. v. Northfield Medical Center, P.C., 228 N.J. 596 (2017). After a bench trial, defendants were found to have violated the Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to...

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Appellate Division Oral Argument of the Week: What Effect Does the Federal Ending Forced Arbitration Act Have in a Hostile Work Environment Case?

Tomorrow, September 16, judges on Part B of the Appellate Division will hear oral argument in Cintron v. Brink's, Incorporated. That is a hostile work environment case brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq....

Two Criminal Appeals and Two Eminent Domain Cases for the Supreme Court

The Supreme Court announced that it has granted review in four new cases. Two of them are criminal matters. The other two involve eminent domain issues. One of the criminal appeals is before the Court on leave to appeal, the second grant of leave to appeal in the current Term. The Court granted certification in the other three matters....

Appellate Division Oral Argument of the Week: Can the Borough of Caldwell Recoup Payment for Professional Services That it Previously Made?

Tomorrow, September 11, a panel of judges on the Appellate Division's Part B will hear oral argument in Borough of Caldwell v. Cozzarelli-Cirminiello Architects, LLC. The case is before the Appellate Division following the grant of defendant's motion for leave to appeal the denial of its motion to dismiss the Complaint....

The First Published Appellate Division Opinion of the 2025-26 Term

Alcantara v. Moro, ___ N.J. Super. ___ (App. Div. 2025). Judge Smith authored this opinion for the Appellate Division, that court's first published opinion of the new Term. The appeal was from a final decision of the Commissioner of the New Jersey Department of Education that the School Funding Reform Act, N.J.S.A. 8A:7F-43 et seq. ("SFRA"), was constitutional as applied to the Township of Lakewood....