New Jersey Appellate Law Blog
Search our blog posts
Search our blog posts
Sep 13, 2023
Kicking off the new Term, the Supreme Court announced that it has granted review in five new cases. Four of those are civil cases, while one is a criminal matter. The Court granted leave to appeal in three cases and certification in the two others. Going in docket number order, beginning with A-1-23, the first…
View Post »Sep 13, 2023
State v. Nieves, ___ N.J. Super. ___ (App. Div. 2023). This was a monumental opinion by Judge Gooden Brown in two consolidated cases. The issue was “the scientific reliability of expert testimony that shaking alone can cause the injuries associated with shaken baby syndrome (SBS), also known as abusive head trauma (AHT).” The State had…
View Post »Sep 11, 2023
S.B.B. v. L.B.B., ___ N.J. Super. ___ (App. Div. 2023). Last week saw the first published Appellate Division opinion of the new Term. Judge Gooden Brown authored the opinion. Here is how she began her opinion, concisely summarizing the matter: “Defendant L.B.B. appeals from the entry of a final restraining order (FRO) entered against her…
View Post »Sep 5, 2023
Chief Justice Rabner announced that Judges Christine Vanek and Robert Vinci are being temporarily assigned to the Appellate Division for the period of October 2- December 1, 2023. Judge Vanek will join Part B, while Judge Vinci will serve on Part A. Apart from the fascinating (to some) fact that both judges’ names begin with…
View Post »Sep 5, 2023
The Appellate Division has issued this Notice to the Bar It contains important reminders about several matters relating to oral argument in that court. First, the Notice states that appeals will be submitted without oral argument unless a party files a separate captioned paper within 14 days after service of respondent’s brief (or if the…
View Post »Aug 31, 2023
In the Matter of Proposed Construction of Compressor Station (CS327), Office Building and Appurtentant Structures, Highlands Applicability Determination, Program Interest No.: 1615-17-0004.2 (APD200001), ____ N.J. Super. ___ (App. Div. 2023). Today is the final day of the current court Term, so this ruling today is the final published opinion of the Term. Perhaps fittingly, it…
View Post »Aug 29, 2023
On this date in 2011, the Supreme Court decided Gonzalez v. Wilshire Credit Corp., 207 N.J. 557 (2011). The Court’s 6-0 decision, authored by Justice Albin, involved the question of whether a post-mortgage- foreclosure agreement was subject to the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. (“CFA”). Plaintiff and Monserate Diaz bought a home as…
View Post »Aug 23, 2023
At this past May’s Annual Meeting of the New Jersey State Bar Association, I was a panelist for a presentation titled “Appellate Practice Master Class.” That session was so well-received that NJICLE is offering an encore on September 19 from 9-11:30 AM at the Bar Center in New Brunswick. Moderated by Justice Albin (Ret.), the…
View Post »Aug 22, 2023
Morris Properties, Inc. v. Wheeler, ___ N.J. Super. ___ (App. Div. 2023). This was a legal malpractice case, in which Judge Gummer wrote today’s opinion for the Appellate Division. Plaintiff Morris Properties, Inc. (“MPI”) owned a building in Somers Point that was damaged during Hurricane Sandy. MPI and its president, Kristine Morris, retained defendants to…
View Post »Aug 21, 2023
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, ___ N.J. Super. ___ (App. Div. 2023). This was a defamation case filed against Governor Murphy and others. As relevant to the opinion, plaintiff, a…
View Post »
