New Jersey Appellate Law Blog
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Jul 26, 2024
Since last Friday, one week ago, the Appellate Division issued three published opinions (not counting its opinion in the Verizon case that the Supreme Court decided yesterday, in which the Court affirmed on the basis of the Appellate Division’s 2023 opinion below, an opinion that was approved for publication yesterday as well, all as discussed…
View Post »Jul 25, 2024
Verizon New Jersey, Inc. v. Borough of Hopewell, ___ N.J. ___ (2024). This 6-0 per curiam opinion (Justice Fasciale did not participate) affirmed a 78-page opinion by Judge Accurso at the Appellate Division level last year. That opinion, not previously approved for publication, will now appear at ___ N.J. Super. ___ (App. Div. 2023). (A…
View Post »Jul 24, 2024
Hyman v. Rosenblum Yeshiva of New Jersey, ___ N.J. ___ (2024). As discussed here, in an opinion reported at 474 N.J. Super. 561 (App. Div. 2023), the Appellate Division affirmed a summary judgment for the defense in this defamation case brought by plaintiff, a rabbi who had been employed by defendant as an educator but…
View Post »Jul 22, 2024
The Supreme Court has announced that it has granted review in two new matters. One is on a familiar subject: affidavits of merit in professional liability cases. The other involves the ethics of referral fees. The referral fee matter is In re Opinion No. 745 of the Supreme Court Advisory Committee on Professional Ethics. The…
View Post »Jul 19, 2024
Chief Justice Rabner announced that Judge Accurso has been assigned to the Appellate Division’s Part C for the period of September 1, 2024-October 31, 2024. The relevant Order is here. Her name was absent from the General Assignment Order issued on July 16. A comparison of that Order withe current Parts List on the Judiciary…
View Post »Jul 18, 2024
Arias v. County of Bergen, ___ N.J. Super. ___ (App. Div. 2024). This was a personal injury case. Plaintiff fell in a hole and sustained injuries while rollerblading on a paved pathway in a county park in Paramus. The park, consisting of 130 acres, “provides recreational amenities free of charge to the public, including athletic…
View Post »Jul 17, 2024
The 2024-25 General Assignment has been issued and is available here. As was true in the 2023-24 Term, there are seven Parts. All but Part C, which has five judges, are staffed by four judges. Judges Sumners and Currier continue as Chief Judge and Deputy Presiding Judge for Administration, respectively. The Presiding Judges of the…
View Post »Jul 12, 2024
Pace v. Hamilton Cove, ___ N.J. ___ (2024). Class action waivers and mandatory arbitration provisions often appear together in consumer contracts. They are among the tools sellers use to restrict consumers’ ability to seek redress for wrongful seller conduct such as consumer fraud, the subject of the allegations in this case. Plaintiff tenants alleged that…
View Post »Jul 8, 2024
While many took advantage of the fact that July 4 fell on Thursday of last week to close early on July 3 and/or remain closed on July 5, the Appellate Division issued published opinions on both of those days. Here are summaries: State v. Matrongolo, ___ N.J. Super. ___ (App. Div. 2024). Judge Natali’s opinion…
View Post »Jul 2, 2024
The Supreme Court announced that it has granted certification in In re Appeal of the New Jersey Department of Environmental Protection’s September 6, 2022 Denial of Request for Adjudicatory Hearing. The question presented, as phrased by the Supreme Court Clerk’s office, is “Does a Remediation in Progress Waiver issued by the New Jersey Department of…
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