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

Third-Year Law Students May Now Appear Before the Appellate Division

Today, the Supreme Court announced an amendment to Rule 1:21-3(b). That rule has, until now, permitted third-year law students at ABA-approved law schools to appear before trial courts or agencies...

Equity Affirms an Inventive Solution to an Environmental Dilemma

Matejek v. Watson, 449 N.J. Super. 179 (App. Div. 2017). Sometimes, judicial opinions do not require the citation of many cases in order to reach their result. That can be...

Withdrawing a Published Opinion

State v. Jones, 449 N.J. Super. 12 (App. Div. 2017). In the "old days," when judicial opinions appeared only in books, there was a procedure for withdrawing an Appellate Division...

Financial Institution's Non-Compliance With Internal Policy Does Not Create a Duty to Non-Customers

Wolens v. Morgan Stanley Smith Barney, LLC, 449 N.J. Super. 1 (App. Div. 2017). In the opening paragraph of his opinion for the Appellate Division today, Judge Sabatino encapsulated virtually...

Offers of Judgment and High-Low Agreements

Serico v. Rothberg, 448 N.J. Super. 604 (App. Div. 2017). In this medical malpractice case, plaintiff and defendant entered into a "high-low" agreement while awaiting a jury verdict. As Judge...

Whether a Child is Emancipated Requires Full Legal Analysis, and Findings and Conclusions

Ricci v. Ricci, 448 N.J. Super. 546 (App. Div. 2017). As Judge Lihotz observed in the opening sentence of her opinion for the Appellate Division in this case, Newburgh v....

Supreme Court Will Review a Defamation Case, a Vehicle Search Case, and a Warrantless Entry Case

The Supreme Court announced today the addition to three more cases to its docket. The first of those appeals comes from a published opinion of the Appellate Division. Petro-Lubricant Testing...

The "Time of Application Rule" and the Definition of an "Application for Development" That Triggers That Rule

Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 448 N.J. Super. 583 (App. Div. 2017). The Municipal Land Use Law ("MLUL"), in N.J.S.A. 40:55D-10.5, contains a "time of application...

Two Issues Under the Open Public Meetings Act

Kean Federation of Teachers v. Morell, 448 N.J. Super. 520 (App. Div. 2017). As a public body, Kean University's Board of Trustees is subject to the Open Public Meetings Act,...

Jury Waiver and Fee Award to Defendant in CEPA Case Are Overturned

Noren v. Heartland Payment Systems, Inc., 448 N.J. Super. 486 (App. Div. 2017). In Abbamont v. Piscataway Tp. Bd. of Educ., 238 N.J. Super. 603 (App. Div. 1990), aff'd, 138...

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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...