NJ Appellate Law Blog

With Judge Alvarez Retiring and Returning on Recall, Judge Haas Becomes Presiding Judge of the Appellate Division's Part D

Chief Justice Rabner issued two orders that affect Part D of the Appellate Division. One of those orders notes that Judge Alvarez is to retire on pension on March 27...

Another Committee on Character Anniversary

Due to my fifteen-year service on the Supreme Court of New Jersey Committee on Character, the date of any Supreme Court decision that implicates the Committee on Character is a...

An Adverse Inference Arising From Spoliation Cannot Arise in Order to Allow a Party to Prove a Claim Against a Non-Party to the Case

27-35 Jackson Avenue, LLC v. Samsung Fire & Marine Ins. Co., Ltd., ___ N.J. Super. ___ (App. Div. 2021). This opinion, issued today and authored by Judge Messano, is the...

A Practical Interpretation of the Statute Banning Concealment or Obscuring Markings on Automobile License Plates

State v. Carter, ___ N.J. ___ (2021); State v. Roman-Rosado, ___ N.J. ___ (2021). These two consolidated appeals, in which Chief Justice Rabner authored a unanimous opinion issued today, dealt...

Arbitrator's Interpretation of Labor Agreement Was "Reasonably Debatable" and Should Have Been Upheld

Borough of Carteret v. Firefighters Mutual Benevolent Ass'n, Local 67, ___ N.J. ___ (2021). Under longstanding Supreme Court of New Jersey precedent, an arbitrator's interpretation of a labor contract is...

Employers are Obligated to Reimburse Employees for Medical Marijuana Treatment Reasonably Necessary to Treat Work-Related Injuries

Hager v. M&K Construction, ___ N.J. ___ (2021). As discussed here, the Appellate Division in this case affirmed the decision of a Workers Compensation judge that the defendant employer was...

Governor Murphy Nominates Rachel Wainer Apter to the Supreme Court

That did not take long. As discussed here, Justice LaVecchia announced on March 8 that she would leave the bench in August. Today, one week later, Governor Murphy announced that...

Bar Pass Rates Remain Steady, Meaning That Committee on Character Cases Likely Will Too

The Supreme Court Clerk's office announced that the pass rate for the most recent New Jersey Bar examination, administered in October, was 66.17%. That was almost identical to the pass...

Lite DePalma Greenberg, LLC Will Become Lite DePalma Greenberg & Afanador, LLC on January 1

It is a pleasure to announce here what is also being announced elsewhere: as of January 1, 2021, my firm, Lite DePalma Greenberg, LLC will become Lite DePalma Greenberg &...

Editorial: The 2020 Presidential Election

This is a non-partisan blog. It has thus, for example, featured endorsements of both Republican and Democratic nominees to the Supreme Court of New Jersey. And, as noted in this...

1 2 3 4 5 6 7 8910 11 12 13 14 15 16 17 18 19 20 21 22…Last

The Final Catch-Up Post: Three Published Appellate Division Decisions

To bring things current, this post summarizes three published Appellate Division opinions that were issued in the recent period. The subject matter of these ruling ranged from construing a Court Rule about reconsideration to applying the Prevention of Domestic Violence Act ("PDVA") to determining whether the Attorney General's office was required to defend and indemnify a Deputy Chief Assistant Prosecutor facing an attorney disciplinary proceeding that arose out of his official duties....

Three Supreme Court Decisions to Catch Up On

This is the second post that catches up with appellate developments last week and this week. The Supreme Court issued rulings in three cases during that period. Two of those appeals involved unanimous opinions. The third engendered a relatively rare 5-2 split among the Justices. Here are summaries:...

Three More Criminal Appeals for the Supreme Court

Much of last week was consumed by a sojourn in Hershey, PA for the Third Circuit Judicial Conference, a very enjoyable and educational experience. As a result, it's time for some catching up. Today's is the first such post....

Statutory Ban on Retroactive Reduction of Court-Ordered Child Support is Inapplicable to Reductions Based on a Child's Emancipation

Bournes v. Harris, ___ N.J. Super. ___ (App. Div. 2026). This post-dissolution appeal from the Family Part involved several questions arising out of a Marital Settlement Agreement ("MSA") entered in a Texas court. In an opinion by Judge Firko, the Appellate Division affirmed a ruling by Judge Lougy, whom the panel identified by name, that New Jersey courts had jurisdiction to enforce and to modify the Texas MSA, and that Judge Lougy properly enforced arrears....