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

Another Child Abuse and Neglect Case, and a Criminal Case With Constitutional Law Issues, Will be Before the Supreme Court

The Supreme Court announced today that it has granted review in two new cases. The first, New Jersey Division of Child Protection & Permanency v. A.B., is before the Court...

Sovereign Immunity Prevails, But the State Police Still Lose

Royster v. New Jersey State Police, 227 N.J. 482 (2017). Today's decision is a unique one. Writing for the majority of five Justices (Justices LaVecchia, Patterson, Fernandez-Vina, Solomon, and Timpone),...

Judge Carol E. Higbee (1950-2017)

Judge Carol E. Higbee, who has been an Appellate Division judge for two years and, before that, a trial level judge in Atlantic County for 21 years, died on January...

Alter Ego Theory Failed to Sustain Personal Jurisdiction Over Foreign Parent Corporation

FDASmart, Inc. v. Dishman Pharmaceuticals & Chemicals Ltd., 448 N.J. Super. 195 (App. Div. 2016). Plaintiff filed an action for breach of contract against two defendants, Dishman Pharmaceuticals & Chemicals,...

Fee Awards Under Consumer Statutes Can Go Beyond the Extent of a Plaintiff's Success On His or Her Complaint

DeGarmeaux v. DNV Concepts, Inc., 448 N.J. Super. 148 (App. Div. 2016). As Judge Manahan stated in his opinion for the Appellate Division in this case, "[t]he issue of reasonbleness...

Mandatory Electronic Filing of Pretrial Detention Appeals Begins on January 1, 2017

This morning, the Appellate Division issued a Notice to the Bar, available here, to remind practitioners and appellants that, effective on January 1, 2017, appeals to the Appellate Division on...

Volunteer Emergency Medical Technician is Not a "Public Servant" for Purposes of the Official Misconduct Statute

State v. Morrison, 227 N.J. 295 (2016). In today's unanimous opinion by Justice Albin, the issue was whether a volunteer emergency medical technician ("EMT") is a "public servant" who can...

A New Rule, 2:9-14, is Promulgated Regarding Supreme Court Review of Orders Granting Pretrial Detention

This morning, the Supreme Court published a notice to the Bar, available here, regarding a new Court Rule that addresses review by the Court of Appellate Division rulings regarding pretrial...

The Supreme Court Will Review a Big Constitutional Law Case, Three Criminal Appeals, and an Insurance Coverage Case

This morning, the Supreme Court announced that it will review five more cases. Three of those are criminal cases, one is an insurance coverage case, and one is a constitutional...

Avoiding an Absurd Result in a Statute of Limitations Case Under the Survivor Act

Warren v. Muenzen, 448 N.J. Super. 52 (App. Div. 2016). A 2009 amendment to the Survivor Act, N.J.S.A. 2A:15-3, included language that "[e]very action brought under this chapter shall be commenced...

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 959697 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176…Last

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...