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

"Extraordinary Circumstances" Justifying Late Notice of Tort Claim

Beyer v. Sea Bright Borough, 440 N.J. Super. 424 (App. Div. 2015). The New Jersey Tort Claims Act, N.J.S.A. 59:8-8, requires anyone who wants to bring a tort claim against...

Is a "Rehabilitation Hospital" a "Nursing Home"?

Bermudez v. Kessler Institute for Rehabilitation, 439 N.J. Super. 35 (App. Div. 2015). The different ways in which legislative language, even relatively precise definitions, can be seen to be ambiguous or unclear...

The New Jersey Law Journal Ranks the Appellate Division Judges

This week's New Jersey Law Journal contains the result of a Law Journal survey of practitioners who were asked to rate the judges of the Appellate Division in nine separate...

Attorneys' Fees Under an Unaccepted Offer of Judgment

Feliciano v. Faldetta, 434 N.J. Super. 543 (App. Div. 2014). Rule 4:58-1 allows a plaintiff to make an offer of judgment. If the defendant does not accept the offer, and...

Residential Development That Includes Mostly Market-Rate Units and Some Affordable Units is Not Inherently Beneficial

Advance at Branchburg, II, LLC v. Branchburg Tp. Bd. of Adj., 433 N.J. Super. 247 (App. Div. 2013). The normal, strict standards for a use variance, as expressed in Medici...

Law of the Case Doctrine Applied in a Complex Class Action

Little v. Kia Motors America, Inc., 425 N.J. Super. 82 (App. Div. 2012). In this consumer class action, which involved alleged defects in Kia automobiles, Judge #1 presided over a classwide jury trial. The...

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....