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

Police Officer Who Enters Premises in the Line of Duty is At Least a Licensee, to Whom Landowner Owes a Duty of Care

Rowe v. Mazel Thirty, LLC, 209 N.J. 35 (2012). Plaintiff was a police officer whose duties in a "Safe Streets" program included checking vacant apartment buildings for drugs or other illicit activity. Plaintiff was going down...

Supreme Court Grants Review of Hoffman v. Supplements Togo

Today, the Supreme Court announced that it had granted certification to review the Appellate Division's decision in Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011). The...

An Important (Though Currently Unpublished) New Class Action Opinion

Wenger v. Cardo Windows, Inc., 2012 WL 280254 (App. Div. Feb. 1, 2012). Plaintiffs in this consumer class action sought injunctive relief and statutory civil penalties against defendants in connection...

A Unique Experience Before the Supreme Court of New Jersey

Today, I had the pleasure of arguing an important case involving choice of law, statute of limitations, and federal preemption issues before the Court. But only one Justice, Justice Lavecchia,...

Supreme Court Reaffirms Rendine, Rejects Perdue v. Kenny A.

Walker v. Giuffre, 209 N.J. 124 (2012). In Walker and Humphries v. Powder Mill Shopping Plaza, two different Appellate Division panels had each ruled that restrictive principles governing attorneys' fee awards under federal fee-shifting statutes, as...

Statute That Does Not Afford Jury Trial for Negligent Property Damage Claim is Unconstitutional

Jersey Central Power & Light Co. v. Melcar Utility Co., 212 N.J. 576 (2013). Article I, paragraph 9 of the New Jersey Constitution provides that "the right to trial by jury shall...

Governor Christie Nominates Two to the Supreme Court

Yesterday, Governor Christie announced his nominations to fill the Supreme Court seat that had been occupied by Justice Wallace and the seat the Justice Long will soon vacate as she turns...

Tort Claims Act Bars Bicyclist's Injury Claim Due to Small Depression in Shoulder of Road

Polzo v. County of Essex, 209 N.J. 151 (2012). Plaintiff's wife was riding with other bicyclists on the shoulder of an Essex County road. She rode over a 1-1/4? depression (a dip in...

Supreme Court Will Review Mediation Settlement Case

The Supreme Court announced today that it has granted certification in Willingboro Mall, Ltd. v. 240/242 Franklin Avenue, LLC, 421 N.J. Super. 445 (App. Div. 2011). The decision of the Appellate Division...

An Easy One for the Supreme Court: Plain Statutory Language Controls; Retroactivity Issue Deferred

Selective Ins. Co. v. Rothman, 208 N.J. 580 (2012). The issue in this case, which arose out of the plaintiff insurance company's denial of personal injury protection ("PIP") claims for payment of...

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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...