NJ Appellate Law Blog

An Administrative Regulation, "A Linguistic Morass," is Invalidated as Arbitrary and Capricious

In re N.J.A.C. 12:17-2.1, 450 N.J. Super. 152 (App. Div. 2017). Given the deferential standard of review of the validity of regulations promulgated by administrative agencies, it is relatively rare...

Financial Institution's Non-Compliance With Internal Policy Does Not Create a Duty to Non-Customers

Wolens v. Morgan Stanley Smith Barney, LLC, 449 N.J. Super. 1 (App. Div. 2017). In the opening paragraph of his opinion for the Appellate Division today, Judge Sabatino encapsulated virtually...

A Clearly Articulated Statutory Immunity Applies, Even if it Seems Unfair

Kirkpatrick v. Hidden View Farm, 448 N.J. Super. 165 (App. Div. 2017). A boy who tagged along with his mother to a horse farm but did not himself take part...

The "Tender Years" Hearsay Exception

State of New Jersey in the Interest of A.R., 447 N.J. Super. 485 (App. Div. 2016). Judge Sabatino teaches at Rutgers-Camden Law School. Students there pay to be educated by...

Judge Sabatino's Ruling That Choice of Law Decisions Can be Made Defendant-by-Defendant is Affirmed by the Supreme Court

Ginsberg v. Quest Diagnostics, Inc., 227 N.J. 7 (2016). Last year, the Appellate Division, speaking through Judge Sabatino, issued a lengthy opinion in this choice of law case. That decision,...

"Insurance Coverage and Undersized Broiler Chickens"

Phibro Animal Health Corp. v. National Union Fire Ins. Co., 446 N.J. Super. 419 (App. Div. 2016). When it comes to whatever the judicial opinion equivalent is of "click-bait," few...

The 2016-2017 General Assignment Order

Today, Chief Justice Rabner issued the 2016-2017 General Assignment Order, which is available here. This document contains the assignments of all Superior and Tax Court judges for the coming term....

An Ice Skater is (Wrongly?) Tripped Up by the Exhaustion Doctrine

Davidovich v. Israel Ice Skating Federation, 446 N.J. Super. 127 (App. Div. 2016). The subculture that is international competitive sport came to the Appellate Division in this case yesterday. Judge...

An Important Religion Case for the Supreme Court

American Civil Liberties Union of New Jersey v. Hendricks, 445 N.J. Super. 452 (App. Div. 2016). In 1978, the Supreme Court decided Resnick v. East Brunswick Bd. of Educ., 77...

Tort Claims Act Notice Need Not be Served on Private Government Contractor

Gomes v. County of Monmouth, 444 N.J. Super. 479 (App. Div. 2016). The Tort Claims Act, N.J.S.A. 59:1-1 et seq. ("TCA"), requires that a plaintiff who intends to sue a...

1 2 3 4 5 6 789 10 11 12…Last

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....

One From the Supreme Court and Two From the Appellate Division

The end of last week saw the issuance of one Supreme Court ruling and two published Appellate Division decisions. Two of those were in criminal appeals. The third involved the exclusion of an expert witness in a medical malpractice case....