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

Mootness, and Some Useful Reminders

State v. Ross, 441 N.J. Super. 120 (App. Div. 2015). This characteristically concise opinion by Judge Fisher involved an order by the Law Division in this criminal case that granted...

"Trustworthiness" of Testimony Under a Hearsay Exception, and the Need for a Rule 104 Hearing

Estate of Grieco v. Schmidt, 440 N.J. Super. 557 (App. Div. 2015). Today's decision by Judge Fisher is another example of an appellate ruling involving hearsay rules. In this wrongful...

The Appellate Division Rejects Ascertainability as a Class Action Criterion, and Changes the Rules for Interlocutory Appeals of Class Certification Decisions

Daniels v. Hollister Co., 440 N.J. Super. 359 (App. Div. 2015). Readers of this blog have gotten their fill (including, most recently, here and here) of discussion and analysis of...

Another Failure to Act by COAH, and Another Court Gives a COAH Power to the Courts Instead

In re Failure of the Council on Affordable Housing to Adopt Trust Fund Commitment Regulations, 440 N.J. Super. 220 (App. Div. 2015). The Fair Housing Act, N.J.S.A. 52:27D-329.2(a), states that...

Remittitur, "Feel of the Case," and "Shocks the Conscience"

Mickens v. Misdom, 438 N.J. Super. 531 (App. Div. 2015). Today's opinion, by Judge Fisher, affirms the ruling of a Union County trial judge (apparently, Judge Hely, based on a...

Marcus Aurelius in the Appellate Division

Rosenstein v. State of New Jersey, Dep't of Treasury, 438 N.J. Super. 491 (App. Div. 2014). As this concise opinion by Judge Fisher today explains, in 2011, as part of...

The New Jersey Law Journal Ranks the Appellate Division Judges

This week's New Jersey Law Journal contains the result of a Law Journal survey of practitioners who were asked to rate the judges of the Appellate Division in nine separate...

The Appellate Division Rejects an Inequitable Tactic in a Mortgage Case

Valley Nat'l Bank v. Meier, 437 N.J. Super. 401 (App. Div. 2014). In this case, defendant sought to foist a wholly unjust result on plaintiff in connection with a foreclosure...

The State Knowingly Files a "Quixotic" Appeal

State v. Witt, 435 N.J. Super. 608 (App. Div. 2014). Only the Supreme Court of New Jersey can overrule one of its own decisions. But a party who wishes to...

Mother Who Left Infant in Running Automobile While She Bought Party Supplies is Guilty of Child Abuse or Neglect

Department of Children & Families v. E.D.-O., 434 N.J. Super. 154 (App. Div. 2014). Appellant "Eleanor" admitted that she had parked her car about 150 feet from a Dollar Tree...

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With the Appellate Division's Recess Over, The Appellate Division Oral Argument of the Week is Another Waiver of Arbitration Case

On Tuesday, April 29, judges on Part F of the Appellate Division will hear oral argument in Newport Associates Development Co. v. Chubb Ins. Co. The appeal arises out of the denial by the Law Division of the motion of defendant AIG Specialty Insurance Company ("ASIC") to compel arbitration of plaintiffs' claim for indemnity in connection with underlying litigation with Consolidated Edison Company of New York, Inc. and Public Service Electric and Gas Company. The Law Division held that ASIC had waived its contractual right to demand arbitration....

Another Quartet of New Cases for the Supreme Court

The Supreme Court announced that it has granted certification in four new appeals. Three are from unpublished opinions of the Appellate Division, while the fourth is from a published decision in a criminal case....

A Recess for the Appellate Division, and for This Blog

The Appellate Division is in a recess this week and next. No oral arguments will occur during that period....

Appellate Division Oral Argument of the Week: Has the School Funding Reform Act Denied Lakewood Public School Students the Constitutionally-Required "Thorough and Efficient" Education?

On Tuesday, April 8, judges on Part D will hear oral argument in Alcantar v. Allen-McMillan, a case filed in 2014 in which the Appellate Division has ruled before, 475 N.J. Super. 56 (App. Div. 2023). This appeal follows on the Appellate Division's prior ruling, unappealed by the State...