NJ Appellate Law Blog

A Lesson From Judge Geiger About Clarity in Attorney Time Entries

Giarusso v. Giarusso, 455 N.J. Super. 42 (App. Div. 2018). This opinion by Judge Geiger today involved an application for attorneys' fees in a matrimonial matter by a well-known North...

OPRA Requires Disclosure of the Names of Successful Bidders at Public Auctions of Government Property

Brennan v. Bergen County Prosecutor's Office, 233 N.J. 330 (2018). This opinion by Chief Justice Rabner, for a unanimous Supreme Court, addressed an issue that arose under the Open Public...

OPRA Requestor Rights are Not Limited to Citizens of New Jersey

Scheeler v. Atlantic County Municipal Joint Insurance Fund, 454 N.J. Super. 621 (App. Div. 2018). This opinion by Judge Reisner was yet another case (actually, consolidated cases, which reached different...

The Latest Supreme Court Grants of Review: A Tort Claims Act Notice Case, and the Effect of Zoning Board Conflict of Interests

The Supreme Court announced that it has granted review in two more cases. The first is O'Donnell v. New Jersey Turnpike Authority. The question presented in that appeal, as phrased...

Should Two Attorneys be Able to Split an Appellate Oral Argument?

The Supreme Court announced that it is seeking comments on a proposed amendment to Rule 2:11-1(b)(3). That rule, which deals with oral argument in the appellate courts, currently states that...

A Sidewalk Liability Case Involving a Vacant Church

Ellis v. Hilton United Methodist Church, 455 N.J. Super. 33 (App. Div. 2018). The opinion in this case, issued today, involved a slip and fall on a sidewalk that abutted...

Complaint as to Issuance of Bonds for Statehouse Renovation Was Moot, But Failed on the Merits Regardless

Wisniewski v. Murphy, 454 N.J. Super. 508 (App. Div. 2018). In 2017, the State Capitol Joint Management Commission ("JMC") resolved to renovate the Statehouse, the building that houses (among other...

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...

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Two Criminal Appeals and Two Eminent Domain Cases for the Supreme Court

The Supreme Court announced that it has granted review in four new cases. Two of them are criminal matters. The other two involve eminent domain issues. One of the criminal appeals is before the Court on leave to appeal, the second grant of leave to appeal in the current Term. The Court granted certification in the other three matters....

Appellate Division Oral Argument of the Week: Can the Borough of Caldwell Recoup Payment for Professional Services That it Previously Made?

Tomorrow, September 11, a panel of judges on the Appellate Division's Part B will hear oral argument in Borough of Caldwell v. Cozzarelli-Cirminiello Architects, LLC. The case is before the Appellate Division following the grant of defendant's motion for leave to appeal the denial of its motion to dismiss the Complaint....

The First Published Appellate Division Opinion of the 2025-26 Term

Alcantara v. Moro, ___ N.J. Super. ___ (App. Div. 2025). Judge Smith authored this opinion for the Appellate Division, that court's first published opinion of the new Term. The appeal was from a final decision of the Commissioner of the New Jersey Department of Education that the School Funding Reform Act, N.J.S.A. 8A:7F-43 et seq. ("SFRA"), was constitutional as applied to the Township of Lakewood....

The First Supreme Court Grant of Review in the 2025-26 Term

The Supreme Court announced that it has granted leave to appeal in State v. Caneiro, a quadruple homicide case. The question presented, as phrased by the Supreme Court Clerk's office, is "Under the circumstances presented, where defendant's house was on fire, was the warrantless seizure of evidence from the garage justified under the exigent circumstances exception to the warrant requirement?"...