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

Rutgers Violated Open Public Meetings Act in Some Respects, But That Statute Gave Plaintiff No Remedy

McGovern v. Rutgers, The State University, 211 N.J. 94 (2012). Plaintiff complained that the Board of Governors of Rutgers, The State University, violated the Open Public Meetings Act, N.J.S.A. 10:4-6...

DePascale v. New Jersey: The Supreme Court Speaks

DePascale v. State of New Jersey, 211 N.J. 40 (2012). Article VI, section 6, paragraph 6 of the New Jersey Constitution states that "[t]he Justices of the Supreme Court and...

Supreme Court Will Issue DePascale Decision Tomorrow

The Supreme Court announced this morning that it will issue its decision in DePascale v. New Jersey, the "Judges Pension Case," tomorrow at 10 A.M. The ruling is likely to...

Sales Taxes Under the Bankruptcy Code: A Fascinating, and Difficult, Issue of Statutory Interpretation

In re Michael Calabrese, Jr., 689 F.3d 312 (3d Cir. 2012). Most issues of statutory interpretation can be resolved either by the plain language of the statute, by an analysis of...

Can an Insurer, Suspicious of Insurance Fraud, Require Health Providers Who Seek Reimbursement from the Insurer, to Supply Information About Their Ownership Structure and Billing Practices?

Selective Ins. Co. v. Hudson East Pain Management, 210 N.J. 597 (2012). Defendants provided medical treatment to patients who had personal injury protection ("PIP") insurance through plaintiff ("Selective"). The patients assigned their right to...

Immunity Statute Protects Rescue Squad Personnel, but Not the Rescue Squad as an Entity

Murray v. Plainfield Rescue Squad, 210 N.J. 581 (2012). Plaintiffs' son was shot in the chest by his brother. The Plainfield Rescue Squad was called. But there was allegedly a prolonged delay in transporting...

Supreme Court Will Review State v. Heine

The Supreme Court announced this morning that it has granted certification in State v. Heine, 424 N.J. Super. 48 (App. Div. 2012). The Appellate Division's decision is discussed here. The...

No Surprise: Supreme Court Grants Review of In re Plan for the Abolition of the Council on Affordable Housing

In In re Plan for the Abolition of the Council on Affordable Housing, 424 N.J. Super. 410 (App. Div. 2012), the Appellate Division held that Governor Christie could not unilaterally...

Can Lawyers Who Sue Clients for Fees Recover Attorneys' Fees for Representing Themselves, and What Interest Rate Can They Collect?

The Supreme Court announced today that it will review the not for publication decision in Kern Augustine Conroy & Schoppmann, P.C. v. DiDonato. As phrased by the Supreme Court Clerk's Office,...

An Abbott v. Burke Anniversary

In Abbott v. Burke, the long-running saga regarding school funding that began with what is now known as Abbott I, 100 N.J. 269 (1985), and continues today, the Supreme Court...

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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...