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

The Rules are the Rules, Even When They Protect Wrongdoers

Kizima v. Bartone, 2010 WL 4721201 (App. Div. Nov. 23, 2010). This brief decision recounts that the plaintiffs had failed to respond to discovery, and the trial court dismissed their...

Closed Case Can't be Reopened Sua Sponte

New Jersey Div. of Youth & Family Services v. J.D., 417 N.J. Super. 1 (App. Div. 2010). In this child custody matter, the trial court reopened its decision in the...

Shortcut Blocked

Washington Commons, LLC v. City of Jersey City, 416 N.J. Super. 555 (App. Div. 2010). Where two prior lawsuits between the parties were already finally concluded, and no case was...

Fee Applications Can Sometimes be Made Later

Sisolak v. Briarwood Sportsman's Club, 2010 WL 4483387 (App. Div. Nov. 10, 2010). This opinion states that while it is "generally preferable to have counsel fee applications filed contemporaneously with,...

Interlocutory vs. Final in the Foreclosure Context

Wells Fargo Bank, N.A. v. Garner, 416 N.J. Super. 520 (App. Div. 2010). In this opinion by Judge Koblitz, the Appellate Division declared that a purported appeal from a grant...

Diluting the Right to Oral Argument on Trial Level Motions

Abulkhair v. Liberty Mut. Ins. Co., 2010 WL 4226222 (App. Div. Oct. 27, 2010). Here, a party's notice of motion in the Law Division requested oral argument only if there...

Old Appeals Can't be Made New

Siete Urban Associates v. Pitney, Hardin, Kipp & Szuch, 2010 WL 5426650 (App. Div. Oct. 25, 2010). In this opinion, the Appellate Division decried the practice of "dismissals without prejudice...

Supreme Court to Review "Law of the Case" Decision

When may one Appellate Division panel overturn a decision of another panel in a prior interlocutory appeal in the same case? That is the question in Lombardi v. Masso, in...

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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...