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

Senate Judiciary Committee Rejects Kwon for Supreme Court

Today, by a 7-6 vote, the Senate Judiciary Committee rejected Governor Christie's nomination of Philip Kwon for a seat on the Supreme Court of New Jersey. Seven of the eight...

Supreme Court Will Review Municipal Land Use Conflict of Interest Case

The Supreme Court has granted review of the decision in Kane Properties, LLC v. City of Hoboken, 423 N.J. Super. 49 (App. Div. 2011). The Appellate Division's decision is discussed here. The...

Seton Hall Law School Women's Law Forum Honors Judge Wefing

Tonight, I was privileged to attend an event at which the Seton Hall Law School's Women's Law Forum honored Judge Wefing with its "Women of Substance" award. Approximately 150 people...

DePascale to be Argued on March 26

The Supreme Court has scheduled oral argument in this potentially significant constitutional case for March 26 at 10 A.M. The courtroom may be filled to overflowing, but interested persons can...

Non-Delegable Duties: Horrific Facts Don't Make New Law

Davis v. Devereux Foundation, 209 N.J. 269 (2012). Under the Restatement of Agency (Second), §219(2)(c), when one has a duty to protect others and delegates that duty to an agent, such as an...

Justice Long Retires

Today, February 29, 2012, was Justice Long's last day on the Supreme Court. She turns 70 years of age tomorrow and, thus, she has reached mandatory retirement age. Justice Long's...

The Effect of the Product Liability Act's Presumption of Labeling Adequacy on the Statute of Limitations in Products Cases

Kendall v. Hoffman-LaRoche, Inc.., 209 N.J. 173 (2012). In this case, the 5-1 majority opinion by Justice Long offers a comprehensive tutorial about New Jersey's "discovery rule," which mitigates the strict statute...

Hills Dev. Co. v. Bernards Tp.- Decided 26 Years Ago Today

On this date in 1986, the Supreme Court decided Hills Dev. Co v. Bernards Tp., 103 N.J. 1 (1986). At the time, it was one of the Court's most important...

When Do Changed Circumstances Allow a Deed Restriction Imposed by a Planning Board to be Removed?

American Dream at Marlboro, LLC v. Marlboro Tp. Planning Bd., 209 N.J. 161 (2012). This per curiam opinion addresses the issue of when a deed restriction imposed by a planning board can...

Abraham Lincoln: "A Lawyer's Word is His Bond"

Today, February 13, 2012, New Jersey's state courts are closed in observance of the birthday of Abraham Lincoln exactly 203 years ago yesterday. Leaving aside a Supreme Court of New Jersey...

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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...