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

A Supreme Court Civil Opinion About Appealability, and an Appellate Division Criminal Decision About a Deported Defendant's Failure to Appear at a Pretrial Conference

Brehme v. Irwin, ___ N.J. ___ (2025). One might intuitively think that a plaintiff who accepts full payment of a civil judgment for damages from an auto accident including pain and suffering, disability, impairment, loss of enjoyment of life, and past lost wages, and signs a warrant to satisfy judgment cannot then an appeal a ruling on a motion in limine that barred evidence of future medical expenses....

Late Last Week ….

Toward the end of last week, the Supreme Court issued one opinion and the Appellate Division published rulings in two appeals. Here are summaries: Boyle v. Huff, 257 N.J. 468...

Cleaning Up From Last Week

Due in part to my attendance at the NJSBA Annual Meeting last week, this blog is somewhat behind on last week's published opinions by the Supreme Court and the Appellate...

Property Owner is Not Liable for Injuries to Dirt Bike Rider Who Did Not Have Permission to Ride on the Property

Callahan v. Tri-Borough Sand & Stone, 478 N.J. Super. 505 (App. Div. 2024). N.J.S.A. 39:3C-18 addresses the liability of property owners when certain types of vehicles are operated on their...

Two Arbitration Decisions by the Appellate Division

This week, the Appellate Division decided two very different kinds of arbitration matters. Yesterday, Judge Sabatino issued an opinion in Morison v. Willingboro Bd. of Educ., 478 N.J. Super. 229...

The Supreme Court Affirms in the State v. Harrell Confrontation Clause Case

State v. Harrell, 256 N.J. 590 (2024). As discussed here, this case presented the following question for the Supreme Court: "Under the circumstances presented, is the alleged victim's recorded statement...

To Start the Week, A Catch-Up Post

While the Supreme Court has been quiet since it handed down this decision, the Appellate Division has issued six published opinions during the recent period. Here are summaries of those...

Three Published Appellate Division Decisions in a Short Week

The courts were closed on Tuesday for Election Day, and they will be closed tomorrow for Veterans' Day. Even in this short week, the Appellate Division issued three published opinions....

Another "Kind for Kind" Affidavit of Merit Decision

Pfannenstein v. Surrey, 475 N.J. Super. 83 (App. Div. 2023). At least since Buck v. Henry, 207 N.J. 377 (2011), and Nicholas v. Mynster, 216 N.J. 463 (2013), New Jersey's...

Dismissals for Failure to Prosecute Cannot be With Prejudice

Estate of Semprevivo v. Lahham, ___ N.J. Super. ___ (App. Div. 2021). Judge Rose issued this opinion for the Appellate Division today. It "implicates the proper application and limitations of...

12 3…Last

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...