The Supreme Court Will Address “Not Raised Below,” and Three Criminal Appeals

The Supreme Court has announced that it has granted certification in three cases, all criminal matters, and that a civil case will be before it on an appeal as of right.  Here are the details. The civil case, a class ...

Heather Baker Will Become Clerk of the Supreme Court as of November 29

In an Order dated October 16, but released late yesterday, Chief Justice Rabner announced that Heather Baker is being appointed as Clerk of the Supreme Court, effective as of November 29.  She replaces Mark Neary who, as discussed here, has ...

A Pinata, A Pole, and an Injury

Piech v. Layendecker, 456 N.J. Super. 367 (App. Div. 2018).  This opinion by Judge Fasciale effectively summarizes all the issues, and the result on each issue, in its opening paragraph.  “This personal injury social-guest liability case deals with flawed jury ...

A Sunshine Law Anniversary

On October 19, 1977, the Supreme Court decided Polillo v. Deane, 74 N.J. 562 (1977).  That decision is still the leading case under the New Jersey Sunshine Law, N.J.S.A. 10:4-6, otherwise known as the Open Public Meetings Act.  There, the ...

The Eighth Anniversary of New Jersey Appellate Law Blog

Today marks the eighth anniversary of this blog.  As has been so every year, I’m grateful to the many jurists, lawyers, law students, and laypeople who read the blog.  I’m especially appreciative for the feedback that has been provided to ...

A Split Appellate Division Decision in a Medical Malpractice Case Goes to the Supreme Court

T.L. v. Goldberg, which was the subject of a reported Appellate Division opinion where the panel split 2-1 in favor of plaintiffs, reversing the Law Division and awarding plaintiffs a new trial, has now reached the Supreme Court.  The Appellate ...

No Meeting of the Minds Where Arbitration Clause Did Not Specify Arbitration Forum or Process

Flanzman v. Jenny Craig, Inc., 456 N.J. Super. 613 (App. Div. 2018).  This opinion by Judge Fasciale today is yet another case arising out of an arbitration clause.  Plaintiff, having been terminated from her employment by defendant, filed an age ...

David Porter is Confirmed to a Third Circuit Seat

In April, this blog reported on the nomination of David Porter to the Third Circuit Court of Appeals.  Despite the opposition of one of his home state Senators, Robert Casey, the Senate confirmed Judge Porter, among a group of fifteen ...

A Banner Day in the Appellate Division for Lite DePalma Greenberg, LLC and Its Clients

Russo v. Friedrich, 2018 WL 4904555 (App. Div. Oct. 10, 2018); City of Newark Public Schools v. OPEIU Local 32, 2018 WL 4905414 (App. Div. Oct. 10, 2018).  It’s a good day when one wins an appeal.  It’s a better ...

The Supreme Court Adds to Its Criminal Docket (Plus a Tort Case)

The Supreme Court announced today that it has granted review in four more cases.  Three of those are criminal appeals.  The fourth is a tort case relating to a residential landlord’s duty of care. The tort case is J.H. by ...