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

Insurer Need Not Pay for Alleged "Diminution in Value" of Automobile After Accident and Full Repair, Where Insurance Policy Expressly Excluded Such Coverage

Kieffer v. High Point Ins. Co., 422 N.J. Super. 38 (App. Div. 2011). This matter involves three consolidated cases. In each, one or more insureds sued their auto insurer after their cars had been...

"In the Courts of New Jersey" vs. "Of the Courts of New Jersey"

State of New Jersey v. Merrill Lynch & Co., Inc., 640 F.3d 545 (3d Cir. 2011). Does a forum selection clause providing that "exclusive jurisdiction … shall lie in the appropriate courts...

Pacifico Clarified

Sachau v. Sachau, 206 N.J. 1 (2011). In Pacifico v. Pacifico, 190 N.J. 258 (2007), the Supreme Court held that where a divorce agreement provides that the sale of a marital home is...

"Reasonably Debatable": Arbitrator's Award of Pay for Ten-Minute Police Muster Period Upheld

Policemen's Benevolent Ass'n v. City of Trenton, 205 N.J. 422 (2011). The City of Trenton ordered certain employees to report for "muster" ten minutes before their shifts were to start, so that...

Interpreting Indemnification Agreements

Keiffer v. Best Buy, 205 N.J. 213 (2011). This opinion deals with the interpretation of an indemnification agreement. It seems an unusual case for the Court to have taken, since most of Justice Albin's opinion, for...

Developer Has Duty to Maintain and Remove Snow From Road Not Dedicated to Municipality

White Tp. v. Castle Ridge Development Corp., 419 N.J. Super. 68 (App. Div. 2011). A developer, Castle Ridge, got approval to build a fifteen-lot subdivision. A developer's agreement that Castle Ridge signed with...

Shadow Juries

BASF Corp. v. Lyondell Chemical Co., 2010 WL 5288645 (App. Div. Dec. 28, 2010). This appeal involved a contract dispute between two corporations. Trial resulted in a judgment for BASF...

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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 Three are from unpublished opinions of the Appellate Division, while the fourth is from a published decision in a criminal case....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, that Lakewood students are being denied a thorough and efficient ("T&E") education...

Four New Cases Win Supreme Court Review

The Supreme Court announced that it has granted review in four new cases. All of them entail grants of certification. There are two civil appeals and two criminal matters....