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

Equitable Distribution Statute Does Not Apply to Property Acquired During Cohabitation, But Equitable Principles Come to the Rescue

Thieme v. Aucoin-Thieme, 227 N.J. 269 (2016). Plaintiff and defendant cohabited for eight years, were married for a short time, and then divorced. Before and during the marriage, plaintiff had...

"On the Road Again": The Appellate Division Will Hear Arguments in Freehold Next Week

The Appellate Division normally hears oral arguments in Newark, Trenton, Hackensack, and Morristown. Every so often, however, the Appellate Division takes its show on the road to other venues. Today,...

The Appellate Division Rejects a Stipulated Dismissal of an Appeal From a Final Domestic Violence Restraining Order

J.S. v. D.S., 448 N.J. Super. 17 (App. Div. 2016). Normally, when parties agree to dismiss an appeal, the courts are only to happy to oblige. This opinion by Judge...

Comparative Negligence of John Doe Defendant is Generally to be Considered in Apportioning Damages

Krzykalski v. Tindall, 448 N.J. Super. 1 (App. Div. 2016). This was an auto accident case. At trial, the jury was allowed to consider in the comparative negligence mix not...

Supreme Court Will Review OPRA, Statute of Limitations, and Employment Contract Cases

The Supreme Court announced this afternoon that it has granted review in three more cases. The first is an Open Public Records Act ("OPRA") case, Paff v. Ocean County Prosecutor's...

The Legislative Review Clause of the New Jersey Constitution

Communication Workers of America, AFL-CIO v. New Jersey Civil Service Comm'n, 447 N.J. Super. 584 (App. Div. 2016). Article V, section 4, paragraph 6 of the New Jersey Constitution, approved...

An Intervention Dispute: Is a Denial of a Motion to Intervene Immediately Appealable?

HUNY & BH Associates v. Silberberg, 447 N.J. Super. 606 (App. Div. 2016). This 2-1 decision of the Appellate Division, issued today, is a rare published opinion on a motion...

Fiscal Emergencies Alone Do Not Permit Public Employers to Adversely Affect Employee Compensation in Violation of Collective Bargaining Agreements

In re Robbinsville Tp. Bd. of Educ. v. Washington Tp. Educ. Ass'n, 227 N.J. 192 (2016). In Borough of Keyport v. International Union of Operating Engineers, 222 N.J. 314 (2015),...

Two Appellate Division Judges are Nominated for Tenure

Governor Christie has nominated eighteen judges for tenure after their initial seven-year terms. Two of those judges currently sit in the Appellate Division. They are judges Gibbons Whipple and Vernoia....

Supreme Court Will Review a Long Term Tax Exemption Law Case

The Supreme Court has announced that it has granted review in EQR-LPC Urban Renewal North Pier, LLC v. City of Jersey City. The question presented in that appeal, as phrased...

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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...