Briefs

Appellate Division Oral Argument of the Week: Where a Party Files a Suit Alleged to Violate the UPEPA But Quickly Dismisses It, Can Defendants Then Get Counsel Fees Under the Statute?

On May 15, judges on Part C of the Appellate Division will hear oral argument in Satz v. Keshet Starr. Plaintiff, acting pro se, filed a defamation suit against defendants. Defendants filed an o order to show cause to dismiss the case and for attorneys' fees under the Uniform Public Expression Protection Act, N.J.S.A. 2A:53A-49 et seq. ("UPEPA"). The UPEPA, enacted in 2023, sought to make it more difficult to use the legal system as a weapon to bully individuals into silence by filing what have been known as SLAPP ("strategic lawsuits against public participation") suits....

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....

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...

Appellate Division Oral Argument of the Week: Is the Borough of Sea Bright's Noise Nuisances Ordinance Preempted by a Regional Health Commission's Existing Ordinance?

On Tuesday, April 1, judges of Part E of the Appellate Division will hear oral argument in Bonfiglio v. Borough of Sea Bright. That case addresses whether a 2017 noise ordinance adopted by the Borough was void as preempted by a prior ordinance of the Monmouth County Regional Health Commission ("MCRHC")....

Public Access to Appellate Division Briefs and Oral Arguments is Adjusted

As discussed here, last September the Supreme Court announced that many oral arguments in the Appellate Division would henceforth be livestreamed, as Supreme Court oral arguments have been since 2005. Briefs in many appeals to be argued orally were to be posted online as well....

Appellate Division Oral Argument of the Week: Can a Party That Expressly Waived Arbitration in an Appearance Before the Court Nonetheless Demand Arbitration?

On Thursday, March 13, a panel of Part C of the Appellate Division will hear oral argument in Gallardo v. Ginarte. Plaintiff and defendant were former law partners. Plaintiff alleged that defendant and his law firm had locked plaintiff out of the firm to retaliate for plaintiff having engaged in activity protected under the Law Against Discrimination and the Conscientious Employee Protection Act. Plaintiff claimed that defendants then improperly tried to prevent clients from leaving defendant for plaintiff's new law firm. Defendants countered that plaintiff had improperly pressured defendants' clients to move to plaintiff's new firm....

Appellate Division Oral Argument of the Week: Does Atalese v. U.S. Legal Services Group, L.P., 219 N.J. 430 (2014), Apply to an Arbitration Clause in a Condominium Purchase Agreement?

Tomorrow, February 12, a panel of judges on Part F will hear oral argument in Wang v. COA Hudson 99, LLC. The case involves an arbitration clause in a Subscription and Purchase Agreement for a condominium residence unit. Plaintiffs on this appeal, purchasers of the unit, declined to close because, they asserted, the unit was substantially smaller than had been represented to them. Defendants in this case filed a demand for American Arbitration Association ("AAA") arbitration, contending that the buyers had breached the contract by failing to close and that defendants were entitled to retain the buyers' deposit....

Appellate Division Oral Argument of the Week: Is the Freedom of Reproductive Choice Act Invalid Due to Alleged Failure of the Legislature to Comply With Procedural Requirements in Enacting the Law?

On Monday, February 3, a panel of judges on Part A will hear oral argument in In re Application of Barbara Eames and William Eames Pursuant to N.J.S.A. 1:7-1 and N.J.S.A. 1:7-4 Seeking to Void L. 2021, c. 375. The cited statutes permit petitioners to seek the original jurisdiction of the Appellate Division....

Appellate Division Oral Argument of the Week: Is a Court Order Requiring a Party to Produce All Electronically Stored Information Responsive to Discovery Requests, Without Allowing the Party to Revie

On Wednesday, January 22, a panel of Part E will hear oral argument in Atlantic ER Physicians Team Pediatrics Associates, P.A. v. UnitedHealth Group, Inc. The issue is one involving discovery of electronically stored information ("ESI"). In the 21st century, ESI has become a fixture in complex litigation, and sometimes in non-complex cases as well....

Appellate Division Oral Argument of the Week: Are New Jersey's "Anti-Fusion" Laws, Which Prevent Minor Parties From Cross-Nominating Candidates Also Nominated by a Major Party, Unconstitutional?

Tomorrow, December 10, judges on Part E will hear oral argument in In re Tom Malinowski, Petition for Nomination for General Election, November 8, 2022, for United States House of...

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