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

The "Single Publication Rule" in the Internet Age, and the "Fair Report" Privilege

Petro-Lubricant Testing Laboratories, Inc. v. Adelman, 233 N.J. 236 (2018). This defamation case, which involves an internet article about an employment discrimination lawsuit that was thereafter reprinted in somewhat different...

A Key Consumer Fraud Case for the Supreme Court

The Supreme Court announced that it has granted review in All the Way Towing, LLC v. Bucks County International, Inc. The question presented on this appeal, as phrased by the Supreme...

No Accidental Disability Benefits for Teacher Who Alleged Mental Disability as a Result of Three Incidents of Physical Contact at Work

Thompson v. Baord of Trustees, Teachers' Pension & Annuity Fund, 233 N.J. 232 (2018). As discussed here, this case came before the Supreme Court by virtue of a dissent in...

ACLU v. Hendricks Goes Back to the Secretary of Higher Education to Develop a Full Administrative Record

American Civil Liberties Union of New Jersey v. Hendricks, 233 N.J. 181 (2018). In 2016, in a decision reported at 445 N.J. Super. 452 (App. Div. 2016), and discussed here,...

Referring to a Party's Brief Instead of Offering Findings and Conclusions Draws Judge Fuentes's Ire

Estate of Doerfler v. Federal Ins. Co., 454 N.J. Super. 298 (App. Div. 2018). This opinion by Judge Fuentes today is one of the shortest published opinions of the Appellate...

Unemployment Benefits, Suppression of Evidence, and the Alleged Improper Exercise of Peremptory Challenges Based on Race Come Before the Supreme Court

The Supreme Court announced that it has granted review in two more cases. The first, Blake v. Board of Review, was discussed here. Since the Court had previously granted review...

Digging Out

This past Monday, I argued two appeals in the Supreme Court of New Jersey. They were the Accutane matters discussed and . In the period leading up to those arguments,...

The Supreme Court Adds Two Cases Involving Schools

The Supreme Court announced that it will review two new cases. One is at the Court as of right, due to a dissent in the Appellate Division. The Court granted...

No Cause of Action for "Negligent Identification as a Suspect"

Morris v. T.D. Bank, 454 N.J. Super. 203 (App. Div. 2018). This case arose out of a robbery at a T.D. Bank in Union, New Jersey. Plaintiff, an African-American man,...

Judges Firko and Natali Are Temporarily Assigned to the Appellate Division

Chief Justice Rabner has announced that Judges Lisa A. Firko and Arnold L. Nitali, Jr., have been temporarily assigned to the Appellate Division. Both judges will serve in the Appellate...

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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...