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

Don't Make the Court Ask You Twice

Fletcher v. Camden County Prosecutor's Office, 2010 WL 4226150 (App. Div. Oct. 27, 2010). In this appeal from a summary judgment, the Appellate Division questioned whether the appellate record was...

Old Appeals Can't be Made New

Siete Urban Associates v. Pitney, Hardin, Kipp & Szuch, 2010 WL 5426650 (App. Div. Oct. 25, 2010). In this opinion, the Appellate Division decried the practice of "dismissals without prejudice...

Is it so Hard to Put a Clear Copy of a Key Document Into an Appendix?

Kalathia v. PMM, Inc., 2010 WL 4156769 (App. Div. Oct. 25, 2010). The court criticized the failure of the appellant to include in his appendix the contract that was at...

If You Seek Fees, You Must Follow the Rules Even in Small Cases

Hillcrest Garden, Inc. v. Victorian Florist, Inc., 2010 WL 4137191 (App. Div. Oct. 22, 2010). In this credit contract appeal, the agreement provided for "reasonable attorneys' fees of 25% of...

The Benefits of a Protective Cross-Petition

Marcinczyk v. State of New Jersey Police Training Comm'n, 203 N.J. 586 (2010). Apart from the substantive guidance provided by the Supreme Court in this Tort Claims Act opinion by...

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"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 As is common, there were not even many unpublished Appellate Division opinions....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:...

The Week Just Ending: Three Criminal Law Decisions

This week saw one case decided by the Supreme Court and two published opinions of the Appellate Division. The Supreme Court case, decided by a 6-1 vote, presented an ex post facto issue arising out of amendments to the statute governing parole. The two Appellate Division decisions entailed more "core" criminal law issues. Here are summaries of those cases:...