NJ Appellate Law Blog

The Supreme Court Accepts Another TCCWNA Certified Questions Case

The Supreme Court has announced that it has accepted the request of the Third Circuit, in two consolidated cases, to answer certified questions about the Truth in Consumer Contract, Warranty,...

Notice of Disapproval of a Residential Real Estate Contract May Now be Given by Facsimile and Electronic Mail

Conley v. Guerrero, 228 N.J. 339 (2017). Today's decision in this case, written by Justice Solomon for a unanimous Court, largely affirmed the ruling of the Appellate Division, reported at...

The Third Circuit Clarifies the Standard for Determining Whether Parties Have Agreed to Arbitrate

Aliments Krispy Kernels, Inc. v. Nichols Farms, 851 F.3d 283 (3d Cir. 2017). The bottom line of this opinion by Judge Fuentes was the reversal of a judgment of the...

A Bail Reform Act Case, A "John Doe" Civil Case, and More Criminal Appeals Are Added to the Supreme Court's Docket

The Supreme Court announced today that it has granted review in three cases. The first arises under the new Bail Reform Act. The question presented there, as phrased by the...

Model Civil Jury Charges Are Amended in Response to Recent Appellate Decisions

According to a March 24 Notice to the Bar that was published today, the Supreme Court Committee on Model Civil Jury Charges has approved a number of revised Model Civil...

Sovereign Immunity Defeats Contribution Claims Against the State for Pre-Spill Act Discharges

NL Industries, Inc. v. State, 228 N.J. 280 (2017). In 1976, the Legislature passed the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 ("the Spill Act"). The...

The Supreme Court Adds Five More Cases

The Supreme Court has granted review in five cases. One of them is an appeal as of right, by virtue of a dissent in the Appellate Division. That case is...

Collateral Source Statute Does Not Apply to Awards Under the New Jersey Law Against Discrimination

Acevedo v. Flightsafety International, Inc., 449 N.J. Super. 185 (App. Div. 2017). In this opinion by Judge Reisner, the Appellate Division held that it was error for the Law Division...

Tomorrow's Anticipated Blizzard Affects Oral Arguments in New Jersey's Appellate Courts and in the Third Circuit Court of Appeals

The Supreme Court has announced that it has adjourned the oral arguments scheduled for tomorrow. One of the cases to be argued was a major consumer class action case, Dugan...

Tenant Who Receives a Rent Subsidy Under New Jersey's "S-RAP" Program Can't be Evicted for Non-Payment of Additional Rent

175 Executive House, LLC v. Miles, 449 N.J. Super. 197 (App. Div. 2017). A tenant who receives a rent subsidy under the federal "Section 8" voucher program, 42 U.S.C. §1437 to...

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In Primary Election Dispute, the Supreme Court Declines to Rewrite Election Laws to Create Remedies Not Afforded by Those Statutes

Johnson v. Wilkerson, ___ N.J. ___ (2025). Chief Justice Rabner's opinion for a unanimous Court follows on the Court's September 19, 2025 Order that upheld a ruling by Judge Sabatino in an emergent appeal by a candidate for a Roselle council seat. That Order stated that an opinion would follow....

Appellate Division Oral Argument of the Week: Two Well-Known Law Firms Face Off Against Each Other, as Parties

Tomorrow, October 28, judges on Part E of the Appellate Division will hear oral argument in Nagel Rice, LLP v. Starkey, Kelly, Kenneally, Cunningham & Turnbach. It is relatively rare for one law firm to sue another, but that has occurred here....

Two Certified Question Cases From the Third Circuit, and a Related Grant of Leave to Appeal, for the Supreme Court

The Supreme Court announced that it has granted review in three new matters. Two of them involve questions certified to the Court by the Third Circuit Court of Appeals, under Rule 2:12A. It is relatively rare for the Court to receive, and rarer for it to grant, petitions to decide certified questions, and it appears unprecedented for the Court to have granted review in two such cases at the same time. The other new case is a grant of leave to appeal to address one of the same issues presented in one of the certified question matters....

Still Another Committee on Character Anniversary

This blog has in the past noted anniversaries of Supreme Court decisions involving appeals from the Court's Committee on Character, on which I served for fifteen years. Today is another such anniversary, as on October 22, 1997, the Court decided In re Triffin, 151 N.J. 510 (1997)....