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

January, So Far

With the coming of the new year, this blog went onto a new platform. That fact, along with a Supreme Court oral argument and a Committee on Character hearing last week, has left this blog behind as 2025 begins. Our appellate courts, however, have been active. Here are summaries of their January 2025 published opinions to date:...

Returning From the Break- Supreme Court Opinions

While this blog was on an early August break, the Supreme Court was busy, issuing five opinions. Here are summaries: Delaware River Joint Toll Bridge Comm'n v. George Harms Construction...

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...

The Second Half of April

In the second half of April, the Supreme Court issued one published opinion and the Appellate Division delivered four such rulings. Here are summaries: C.R. v. M.T., 248 N.J. 428...

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 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...

Prosecution for Terroristic Threats: New Jersey Adopts One Component of U.S. Supreme Court's Counterman v. Colorado Decision, While Diverging as to Another Component

State v. Fair, 256 N.J. 213 (2024). "True threats" fall outside constitutional free speech protections. The issue in this case, in which Justice Wainer Apter wrote a unanimous opinion that...

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...

12…Last

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....