Last week, the Appellate Division issued four published opinions on a single day, as discussed here. Today, the court released three published decisions. Here are summaries of those opinions: New Jersey Div. of Child Protection & Permanency v. B.H., 460 ...
On most days, the Appellate Division issues a significant number of opinions. But on many of those days, there are no published opinions among them, or only one or two such opinions. Yesterday, however, the Appellate Division issued four published ...
Certain Underwriters at Lloyds Subscribing to Policy PLH-0013397 v. Public Service Electric and Gas, 459 N.J. Super. 436 (App. Div. 2019). Judge Fisher’s opinion in this appeal today was barely longer than the title and the caption of this case. ...
Paladino v. Auletta Enterprises, Inc., 459 N.J. Super. 365 (App. Div. 2019). The work product privilege, or “work product doctrine,” as it is also sometimes labeled, was first recognized by the Supreme Court of the United States in 1947, and ...
The Port Authority of New York and New Jersey v. The Port Authority of New York and New Jersey Police Benevolent Ass’n, 459 N.J. Super. 278 (App. Div. 2019). Today’s decision by Judge Gibbons Whipple focuses on the question of ...
In the last several weeks, this blog has largely focused on Supreme Court decisions and grants of review. That was not meant to slight the Appellate Division, whose judges have made some important rulings as well. Here are summaries of ...
Zahl v. Eastland, 2019 WL 2025237 (App. Div. May 8, 2019). [Disclosure: I argued this appeal for the successful defendants-appellants, having come into the case after the Law Division entered judgment against defendants]. This was a legal malpractice case in ...
The summer schedule for the Appellate Division was announced late yesterday. The Order of Chief Justice Rabner that contains the full schedule is available here. “Summer” (a term not actually used in the Order) in the Appellate Division begins on ...
Chirino v. Proud 2 Haul, Inc., 458 N.J. Super. 308 (App. Div. 2017), aff’d o.b., 237 N.J. 440 (2019). There is a long-settled general rule that an appellate court will not consider issues that have not been raised below. But ...
Susko v. Borough of Belmar, 458 N.J. Super. 583 (App. Div. 2019); Curto v. A Country Place Condominium Association, 921 F.3d 405 (3d Cir. 2019). Yesterday, while I was in or traveling to and from court for most of the ...