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

The First Published Appellate Division Decision of the New Term, by Judge Gooden Brown

S.B.B. v. L.B.B., 476 N.J. Super. 575 (App. Div. 2023). Last week saw the first published Appellate Division opinion of the new Term. Judge Gooden Brown authored the opinion. Here...

Expert's Failure to Show That Attorney's Conduct Proximately Caused Damages Defeated Malpractice Claim

Morris Properties, Inc. v. Wheeler, 476 N.J. Super. 448 (App. Div. 2023). This was a legal malpractice case, in which Judge Gummer wrote today's opinion for the Appellate Division. Plaintiff...

The First Half of August- Appellate Division Decisions

Continuing the catch-up process begun here and here, this post summarizes the five published Appellate Division decisions issued during the first half of August: Neuwirth v. State of New Jersey,...

Fraud Action Against Municipality and Its Officials Disputing Tax Assessment is Dismissed as Belated "Thinly-Veiled Tax Appeals"

Arsenis v. Borough of Bernardsville, 476 N.J. Super. 195 (App. Div. 2023). The first sentence of Judge DeAlmeida's opinion for the Appellate Division today summarized the issue on appeal in...

This Week's Supreme Court Decisions

In the last three days, the Supreme Court issued opinions in two criminal cases and one civil appeal. All three decisions were unanimous. Here are summaries of those rulings: State...

Plaintiffs Can Seek to Be Accompanied to a Defense Medical Examination by a Third Person or to Record the Examination, and (Contrary to the Appellate Division) Plaintiffs Do Not Bear the Burden of Pro

DiFiore v. Pezic, 254 N.J. 212 (2023). [Disclosure: Catherine B. Derenze, my colleague at Lite DePalma Greenberg & Afanador, LLC, argued before the Supreme Court in this case on behalf...

Two Law Against Discrimination Decisions by the Appellate Division

Beneduci v. Graham Curtin P.A., 476 N.J. Super. 73 (App. Div. 2023); Guzman v. M. Texeira Int'l, Inc., 476 N.J. Super. 64 (App. Div. 2023). The Appellate Division issued two...

School Board Has No Duty to Notify Tenured Full-Time Teachers Who Seek to Move to Part-Time That They May Lose Tenure Rights, But Boards are "Encourage[d]" To Do So

Parsells v. Somerville Bd. of Educ., 254 N.J. 152 (2023). Justice Fasciale wrote the Court's unanimous opinion in this case today. Plaintiff lost on the legal issue that prompted the...

No Need for Attorney Retainer Agreements to State Expressly That Billing Will be in Tenths of an Hour or Other Increments

Arbus, Maybruch & Goode, LLC v. Cohen, 475 N.J. Super. 509 (App. Div. 2023). In this suit by a law firm to collect its fee from a client (actually, an...

What is a "Class Action" Under the Class Action Fairness Act?

Erie Ins. Exchange v. Erie Indemnity Co., 68 F.4th 815 (3d Cir. 2023). As Judge Smith stated in his opinion in this case, the Class Action Fairness Act of 2005,...

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The Scope of Appellate Jurisdiction Over the Cases Involving the Disqualification of Alina Habba as New Jersey's United States Attorney

As has been widely reported in the legal and popular press, after a series of procedural maneuvers to install Alina Habba as United States Attorney for the District of New Jersey, defendants in two criminal cases (United States v. Giraud and United States v. Pina) sought to disqualify her and to dismiss the indictments against them. On August 21, a specially assigned judge in the Middle District of Pennsylvania ruled that Habba did not properly hold that office but declined to dismiss the indictments....

"Nothing to See Here"- No Supreme Court or Published Appellate Division Decisions This Past Week

The final week of the 2024-25 Term was a quiet one. The Supreme Court did not issue any opinions. The Appellate Division published no opinions. As is common, there were not even many unpublished Appellate Division opinions....

A "Time of the Essence" Anniversary

Usually, "anniversary" posts on this blog are keyed to a decision of the Supreme Court. Today's post, however, recalls Salvatore v. Trace, 109 N.J. Super. 83 (App. Div. 1969), decided on August 27, 1969....

The Term's Penultimate Week: Two Published Appellate Division Decisions

The 2024-25 Term ends on August 29. In this penultimate week of the Term, there were no Supreme Court opinions. There were, however, two published decisions from the Appellate Division, one a civil case involving "the latest development in the ongoing controversy surrounding black bear hunting in New Jersey" and the other a criminal appeal centering on constitutional rights associated with a cellphone passcode. Here are summaries of those opinions:...