NJ Appellate Law Blog

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An Unpublished Opinion Saves the Day for an Insurance Company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...

"If at First You Don't Succeed …."

Dewey v. Volkswagen, A.G., 2014 U.S. App. LEXIS 2596 (3d Cir. Feb. 12, 2014). In Dewey v. Volkswagen, A.G., 681 F.3d 170 (3d Cir. 2012), the Third Circuit reversed approval...

Appellate Practice: Lessons Learned From on High

On March 25, the New Jersey Institute for Continuing Legal Education will present this seminar. Details and registration information can be found here. I am a panelist, in the extremely...

Supreme Court Will Review Another Referendum Case

As discussed here, the Supreme Court already has on its docket Tumpson v. Farina, 431 N.J. Super. 164 (App. Div. 2013), which involves a referendum in a Faulkner Act municipality. [Disclosure:...

Clear and Convincing Evidence is Required to Rebut a Presumption of Gift From Parent to Child

Bhagat v. Bhagat, 217 N.J. 22 (2014). A father transferred stock in a close corporation to his son. Such transfers from parent to child are generally presumed to be gifts,...

Martin Luther King, Jr. Day

Today is the observance of the Martin Luther King, Jr. holiday. It is both a federal and a New Jersey holiday that is observed on the third Monday of January,...

Governor Christie Withdraws Hanna Nomination to the Supreme Court

According to a report on nj.com today, Governor Christie is withdrawing his nomination of Robert Hanna to the Supreme Court. Hanna and Governor Christie's other Supreme Court nominee, Monmouth County...

Another Step Forward by the Ninth Circuit

The Ninth Circuit Court of Appeals announced today that, beginning next week, it will offer live audio streaming of all oral arguments. That announcement continues the Ninth Circuit's trend of...

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 777879 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102…Last

The Second and Third Published Appellate Division Decisions of the Current Term

As September turned to October, the Appellate Division issued its second and third published opinions of the Term. One was a decision by Judge Vinci in a civil appeal. The other ruling, in a criminal appeal, was authored by Judge Perez Friscia....

Appellate Division Oral Argument of the Week: Did it Violate a Class Action Settlement That Barred Mass Opt-Outs to Allow Opt-Outs From a Marketing Campaign That Solicited Opt-outs?

On Tuesday, September 30, judges on Part G of the Appellate Division will hear oral argument in Esposito v. Cellco Partnership d/b/a Verizon Wireless. The case follows from a $100 million nationwide class action settlement that had required class members who decided to exclude themselves from the settlement and potentially pursue their own litigation against Verizon to opt out individually, and barred mass opt-outs. However, Murphy Advocates, LLC, a Colorado law firm conducted a marketing campaign to create a mass opt-out that attracted about 11,000 class members who responded to Murphy that they wished to opt out....

A Pair of New Criminal Appeals for the Supreme Court

The Supreme Court announced that it has granted certification in two new cases. Both are criminal appeals. One is from a published opinion of the Appellate Division, while the other is from an unpublished per curiam decision by a three-judge panel....

Can a Plaintiff in a Civil Case Refuse to Testify at Trial After Being Served With a Defense Notice in Lieu of Subpoena and Having Been Ordered to Testify by the Trial Judge? An Anniversary

On this date in 2005, the Supreme Court decided Gonzalez v. Safe & Sound Sec. Corp., 185 N.J. 100 (2005). The case involved a plaintiff who was shot in an apartment building in Atlantic City, which left him paralyzed. He brought a negligence suit against a number of defendants, including Atlantic City Housing & Urban Renewal Associates ("ACHURA"), the owner of the apartment building....