NJ Appellate Law Blog

Four New Cases for the Supreme Court

The Supreme Court announced that it has granted certification in four new matters. Two of the cases are civil appeals and two are criminal matters. In East Bay Drywall, LLC...

City of Newark May Impose, and Need Not Negotiate Over, a COVID-19 Vaccine Mandate for City Employees

In re City of Newark and Newark Police Superior Officers Ass'n, ___ N.J. Super. ___ (App. Div. 2021). [Disclosure: My firm, Lite DePalma Greenberg & Afanador, LLC, represents the City...

This Week in the Supreme Court

The Supreme Court issued its first three opinions of the new Term this week. Here are summaries of those rulings: Bozzi v. City of Jersey City, ___ N.J. ___ (2021)....

Two Decisions About When Judgments Appealed From Are Final

Appellate Division opinions designated as not for publication do not often address legal issues such as whether and when a judgment under appeal is final. But today, the Appellate Division...

The Importance of Spelling Out Findings and Reasons for Judicial Decisions

In re D.L.B., ___ N.J. Super. ___ (App. Div. 2021); Valarezo-Tirado v. Attorney General of the United States of America, ___ F.4th ___ (3d Cir. 2021). It is a fundamental...

Interest on Pension Loan From Teachers' Pension and Annuity Fund That Was Not Charged When Due Cannot be Waived

Zilberberg v. Board of Trustees, Teachers' Pension & Annuity Fund, ___ N.J. Siper. ___ (App. Div. 2021). Barbara Zilberg, a former school psychologist, got a pension loan in 2004 from...

Two Rulings in Criminal Cases by the Supreme Court

State v. Szemple, ___ N.J ___ (2021); J.K. v. New Jersey State Parole Bd., ___ N.J. ___ (2021). The Court decided these two criminal appeals in the last two days....

This Week in the Appellate Division

The Appellate Division issued four published opinions this week (two on Monday and two yesterday). Here are summaries of those rulings: Wilhelm v. Ryder Logistics & Transportation Solutions, ___ N.J....

Despite Commissioner of Education's Failure to Address Segregative Effects of Expansion of Seven Newark Charter Schools, Those Expansions Stand

In re Renewal Application of TEAM Academy Charter School, ___ N.J. ___ (2021). Justice Patterson's decision for a unanimous Supreme Court today addressed whether, when considering the expansion applications of...

Incarceration is Not a Per Se Bar to Unemployment Benefits

Haley v. Board of Review, ___ N.J. ___ (2021). Here are the basic facts of this appeal as Justice Solomon summarized them in his opinion for the Court in this...

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No "Appellate Division Oral Argument of the Week" Posts for This Week and Next Week

There are no Appellate Division oral arguments scheduled for this week or next week, as the court takes a holiday break to that extent. So there will be no "Appellate Division Oral Argument of the Week" posts here for this week or next....

A Privity of Contract Anniversary

On this date in 1984, the Supreme Court decided Arohnson v. Mandara, 98 N.J. 92 (1984). A unanimous opinion written by Justice Schreiber, the opinion was one of a series that cut back on privity of contract as a defense....

Another Supreme Court Per Curiam Affirmance, With an "Attagirl" for Judge Puglisi

Amato v. Township of Ocean School District, ___ N.J. ___ (2025). Yesterday's post included discussion of a per curiam affirmance by the Supreme Court. Today, the Court published another per curiam affirmance in this case. The Court affirmed "substantially for the reasons stated in Judge Puglisi's thorough and thoughtful opinion" for the Appellate Division. That decision was published at 480 N.J. Super. 239 (App. Div. 2024)....

Two Short Ones From the Supreme Court

Supreme Court opinions often extend toward the longer side. This week, however, the Court issued two opinions, both involving administrative agency actions, that were shorter than average. In neither case did more need to be said....