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

No Property Tax Exemption for Disabled Veteran Whose Injuries Did Not Occur "In a Theater of Operation"

Fisher v. City of Millville, 450 N.J. Super. 610 (App. Div. 2017). Article VIII, section 1, paragraph 3 of the New Jersey Constitution allows the Legislature to enact legislation that...

A Treatise on Personal Jurisdiction From Judge Lihotz

Dutch Run-Mays Draft, LLC v. Wolf Block, LLP, 450 N.J. Super. 590 (App. Div. 2017). Issues of personal jurisdiction crop up fairly frequently, despite New Jersey's settled principle of applying...

Making Up for Lost Time

Several days out of the office last week, and work on a large appellate brief, have left me well behind our appellate courts, who have produced a number of decisions...

"The Record on Appeal" at the NJSBA Annual Meeting

Today's seminar, which was sponsored by the NJSBA Appellate Practice Committee, took up the important topic of the record on appeal. Judge Messano, who headed up the panel, began by...

Whether a Child is Emancipated Requires Full Legal Analysis, and Findings and Conclusions

Ricci v. Ricci, 448 N.J. Super. 546 (App. Div. 2017). As Judge Lihotz observed in the opening sentence of her opinion for the Appellate Division in this case, Newburgh v....

Monetary Sanction is Imposed on Appellate Counsel for "Utter Indifference to the Standards of Professional Competence"

Sackman v. New Jersey Manufacturers Ins. Co., 445 N.J. Super. 278 (App. Div. 2016). [Disclosure: I represent New Jersey Manufacturers in certain litigation, but not in this case]. This opinion,...

Changes in Alimony Upon the Retirement of the Spouse Who Must Pay It

Landers v. Landers, 444 N.J. Super. 315 (App. Div. 2016). This opinion by Judge Lihotz addresses when alimony can be changed due to the retirement of the spouse obligated to...

Catching Up

My three-week trial ended late last week, with a successful jury verdict. But June was a very busy month in the world of New Jersey appellate practice, with numerous important...

"Brown" Wins a Tax Penalty Appeal in the Supreme Court

United Parcel Service Gen. Servs. Co. v. Director, Div. of Taxation, 220 N.J. 90 (2014). This per curiam decision of the Supreme Court today affirmed an Appellate Division decision, written by Judge...

What if They Passed a Statute and Neither Side Complied With It?

Manhattan Trailer Park Homeowners Ass'n, Inc. v. Manhattan Trailer Court & Trailer Sales, Inc., 438 N.J. Super. 185 (App. Div. 2014). The Mobile Home Protection Act, N.J.S.A. 46:8C-2 to -21,...

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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...