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

A 3-3 Supreme Court Split Affirms the Appellate Division in Hyman v. Rosenblum Yeshiva of New Jersey

Hyman v. Rosenblum Yeshiva of New Jersey, 258 N.J. 208 (2024). As discussed here, in an opinion reported at 474 N.J. Super. 561 (App. Div. 2023), the Appellate Division affirmed...

One Supreme Court Ruling and One From the Appellate Division

In the latter part of last week, the Supreme Court issued its first ruling of the month of June. The Appellate Division came down with only its second published opinion...

Restraints Imposed in a Title 30 Action for Care and Supervision of Children Must End if the Case is Dismissed

New Jersey Division of Child Protection & Permanency v. J.C., 257 N.J. 451 (2024). Justice Solomon's unanimous opinion for the Supreme Court today posed the question before the Court this...

The County Prosecutors Association of New Jersey Is Not a Public Agency Subject to the Open Public Records Act

American Civil Liberties Union of New Jersey v. County Prosecutors Association of New Jersey, 257 N.J. 87 (2024). The ACLU of New Jersey sought five categories of records from defendant...

"Illusory Discounts" Violate the Consumer Fraud Act, But Private Plaintiffs Cannot Prevail

Robey v. SPARC Group, LLC, 256 N.J. 541 (2024). Today saw a relatively rare 4-3 decision from the Supreme Court. The majority consisted of Justice Solomon, the author of the...

Two Statutory Interpretation Decisions: One Involving Discipline of a Tenured Teacher and the Other About Unemployment Tax Payments for Court Reporters

Yesterday, the Supreme Court decided Sanjuan v. School District of West New York, 256 N.J. 369 (2024). There, plaintiff, a long-serving teacher who was also an assistant principal and tenured...

Policyholder Loses in the Supreme Court on Claims for Business Interruption Insurance Coverage for COVID-19 Losses

AC Ocean Walk, LLC v. American Guarantee & Liability Ins. Co., 256 N.J. 294 (2024). [Disclosure: I was one of the counsel for United Policyholders, an amicus in support of...

Two Supreme Court Rulings in Criminal Appeals

Yesterday and today each saw a decision by the Supreme Court in criminal matters. Today's ruling in State v. Hill, 256 N.J. 266 (2024), authored by Justice Wainer Apter, involved...

Supreme Court Statistics for the 2022-23 Term

What better date to present statistics from the 2022-23 Supreme Court Term than the first working day (for many people) of this new calendar year? And who better to have...

Another Short Week, and Another Catch-Up Post

In the past two weeks, an Appellate Division brief and a Supreme Court petition consumed much time. So, in this shortened Thanksgiving week, it's time to catch up on the...

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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...