NJ Appellate Law Blog

Abbott v. Burke XXI (or is it XXII?)- Lots of Appellate Practice Issues

Abbott v. Burke, 206 N.J. 332 (2011). The merits of this latest decision on the funding necessary to satisfy the mandate of article VIII, section 4, paragraph 1 of the New...

A Bonanza: Five New Appeals for the Supreme Court

The Supreme Court announced that it has granted certification in five new appeals. Two of those are from published opinions of the Appellate Division, while the other three bring up unpublished rulings by that court....

Invocations Before Meetings of Public Bodies: An Anniversary

In 2014, the Supreme Court of the United States decided Town of Greece v. Galloway, 572 U.S. 565 (2014). There, the Court held, by a 5-4 vote, that opening a monthly town board meeting with a prayer delivered by a local clergy member did not violate the Establishment Clause of the First Amendment to the United States Constitution. In 1981, the Supreme Court of New Jersey had issued a unanimous decision, Marsa v. Wernik, 86 N.J. 232 (1981), holding that the Borough of Metuchen's practice of opening its Borough Council meetings with an invocation selected and delivered by a council member likewise did not violate the Establishment Clause. That ruling foreshadowed, to some extent, that of Greece. The date of the Marsa decision was June 8, 1981, 45 years ago today....

This Week's Only Published Appellate Division Decision

The Supreme Court issued no opinions this week. The Appellate Division issued just one published ruling....

Judge DeAngelis is Temporarily Assigned to the Appellate Division

Chief Justice Rabner announced that Judge Frank DeAngelis has been temporarily assigned to Part E of the Appellate Division. The term of that assignment will run from August 24-November 1, 2026 and is in addition to his assignment under the General Assignment Order....