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

A Rare Appellate Division Published Opinion After a Grant of Reconsideration

State v. Morgan, ___ N.J. Super. ___ (App. Div. 2024). As discussed here, the Appellate Division issued a published opinion in this case. As a reminder, that ruling addressed "a...

Two by Judge Susswein

State v. Barclay, ___ N.J. Super. ___ (App. Div. 2024); State v. Wildgoose, ___ N.J. Super. ___ (App. Div. 2024). Judge Susswein seems often to write published opinions in criminal...

Returning From the Break- Supreme Court Opinions

While this blog was on an early August break, the Supreme Court was busy, issuing five opinions. Here are summaries: Delaware River Joint Toll Bridge Comm'n v. George Harms Construction...

Returning From the Break- Appellate Division Opinions

During this blog's early August break, the Appellate Division issued three published opinions. Here are summaries: T.B. v. I.W., ___ N.J. Super. ___ (App. Div. 2024). This was an appeal...

Yesterday and Today

The final two days of July saw one Supreme Court opinion and two published opinions by the Appellate Division. Here are summaries: New Jersey Division of Child Protection & Permanency...

The Supreme Court Takes Up Another Compassionate Release Act Case

The Supreme Court announced that it has granted certification in M.R. v. Department of Corrections. The question presented, as phrased by the Supreme Court Clerk's office, is "Under the Compassionate...

The Past Week in the Appellate Division

Since last Friday, one week ago, the Appellate Division issued three published opinions (not counting its opinion in the Verizon case that the Supreme Court decided yesterday, in which the...

Verizon Loses a Tax Case, as the Supreme Court Affirms an Appellate Division Decision for the Reasons the Appellate Division Gave

Verizon New Jersey, Inc. v. Borough of Hopewell, 258 N.J. 255 (2024). This 6-0 per curiam opinion (Justice Fasciale did not participate) affirmed a 78-page opinion by Judge Accurso at...

Referral Fees and Another Affidavit of Merit Case Will be Before the Supreme Court

The Supreme Court has announced that it has granted review in two new matters. One is on a familiar subject: affidavits of merit in professional liability cases. The other involves...

Judge Accurso is Assigned to Part C of the Appellate Division for a Short Time, and the Overall Parts Lineup is Rejiggered

Chief Justice Rabner announced that Judge Accurso has been assigned to the Appellate Division's Part C for the period of September 1, 2024-October 31, 2024. The relevant Order is here....

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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...