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

The Supreme Court Will Review Four Unpublished Appellate Division Decisions

The Supreme Court announced that it has granted certification in four new matters. All of those involve unpublished opinions of the Appellate Division. In State v. Taylor, the question presented...

Justice James H. Coleman, Jr. (1933-2024)

Justice James H. Coleman, Jr., the first Black Justice to sit on the Supreme Court of New Jersey, died on August 5 at age 91. This post is very late,...

Big Changes in the Appellate Division

In orders dated yesterday and published this morning, Chief Justice Rabner announced significant changes in the Appellate Division. Four new judges have been temporarily elevated to that court, while a...

Last Week's Appellate Division Published Opinions

Preparation for an Appellate Division oral argument made it difficult to keep up with that court last week. The Appellate Division issued three published opinions during that time. (The Supreme...

Judge Russo is Removed From Office Due to "Flagrant and Serious Acts of Misconduct"

Matter of Russo., 242 N.J. 179 (2020). As Chief Justice Rabner recounted in his opinion for a unanimous Supreme Court yesterday, Judge John F. Russo, Jr., has been an attorney...

Equitable Adoption Doctrine Cannot be Used to Destroy Inheritance Rights

In re Estate of Douglas Castellano and Parentage of Gregory Bock, 456 N.J. Super. 510 (App. Div. 2018). This unusually captioned appeal presented a Chancery issue that was right up...

"Deemed Adopted" Administrative Law Judge Disciplinary Decision Gets the Same Deference on Appeal as Agency's Imposition of Discipline or Trial Court's Sentencing Decision

In re Hendrickson, 235 N.J. 145 (2018). This first Supreme Court opinion of the current Term is by Justice Albin. The opening paragraphs of his ruling concisely and completely describe...

McCarrell Choice of Law Analysis Goes Against Legal Malpractice Plaintiff

MTK Food Services, Inc. v. Sirius America Ins. Co., 455 N.J. Super. 307 (App. Div. 2018). In McCarrell v. Hoffman-LaRoche, Inc., 227 N.J. 569 (2017), discussed here, the Supreme Court...

Judges Firko and Natali Are Temporarily Assigned to the Appellate Division

Chief Justice Rabner has announced that Judges Lisa A. Firko and Arnold L. Nitali, Jr., have been temporarily assigned to the Appellate Division. Both judges will serve in the Appellate...

The Supreme Court Will Decide an Administrative Law Standard of Review Issue and a Ruling Involving PIP Benefits

The Supreme Court announced that it has granted review in two new cases. The first is In re William R. Hendrickson, Jr. The question presented there, as phrased by the...

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Appellate Division Published Opinions During and After Its Recess

The final day of the Appellate Division's two-week recess was April 25. On that date, the Appellate Division issued a published opinion. Two more published opinions followed during the current week. Here are summaries of those opinions....

"Ethics in Appellate Practice" Seminar at the NJSBA Annual Meeting on May 15

I will be moderating a panel titled "Ethics in Appellate Practice" that will help kick off Day 2 of the New Jersey State Bar Association Annual Meeting on May 15. The presentation will be from 8:45-10 AM. It will feature Judge Gummer of the Appellate Division and distinguished appellate practitioners with experience in and perspectives on ethics in the appellate context from both the plaintiffs' and the defendants' sides....

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....